Libbie Canter

Libbie Canter

Libbie Canter is a member of the Communications & Media, Data Privacy and Cybersecurity, and Litigation Practice Groups. She represents and advises clients on matters before Congress and various federal agencies, including the Federal Communications Commission and the Federal Trade Commission.  She has advised clients on a broad range of privacy issues, including data security breach matters, online and mobile marketing, and social networking policies for employers.  Her legislative work focuses on the areas of communications and media, privacy law, and cloud computing policy.

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Companies Struggle With Lack Of Clarity Around TCPA And Text Messaging

Last week, a district court declined to stay a lawsuit against Google Inc. and group-texting service Slide, Inc. alleging a violation of the Telephone Consumer Protection Act (“TCPA”).  The court found that a related, ongoing proceeding at the Federal Communications Commission relating to the scope of the definitions of “consent” and “automatic telephone dialing system” … Continue Reading

Mobile Advertising Self-Regulatory Groups Work To Address Privacy Concerns

In the face of calls by the FTC for improved mobile privacy protections, as well as interest by members of Congress, mobile advertising companies are actively working on privacy initiatives.  Yesterday, a group of companies in the mobile advertising industry announced that they are working to create an industry standard for anonymous mobile device identification.  … Continue Reading

House Approves VPPA Amendment

Earlier today, the House of Representatives approved an amendment to the Video Privacy Protection Act (VPPA) (H.R. 2471) that would clarify certain ambiguities in the 1988 law in light of technological changes in the marketplace.  In his remarks on the House floor, Rep. Bob Goodlatte (R-VA) – the primary author of H.R. 2471– explained that the amendment … Continue Reading

FTC Settles Flash Cookie and COPPA Claims

Online advertiser ScanScout has entered into a consent agreement with the Federal Trade Commission in connection with claims it made that consumers could opt out of receiving targeted ads by changing their computer’s web browser settings to block cookies.  According to the FTC, these claims were deceptive with respect to the use of so-called “Flash … Continue Reading

Self-Regulatory Council Releases Enforcement Decisions

Earlier this week, the industry self-regulatory program set up by online advertisers to deal with reported privacy problems released decisions in its first six compliance cases.  The Online Internet-Based Advertising Accountability Program, which was established in August, determines whether reported businesses are complying with the self-regulatory principles for online behavioral advertising.  The Better Business Bureau … Continue Reading

Administration and Key Members Continue To Push Cybersecurity Legislation

Over the past month, a number of White House officials and key House and Senate members have discussed the importance of moving cybersecurity legislation forward.  Highlights include the following: On October 4, White House Cybersecurity Coordinator Howard Schmidt said that he has “a high level of confidence that something will move forward” at an event … Continue Reading

Bono Mack Holds Hearing About Consumer Privacy Expectations

Yesterday, the House Subcommittee on Commerce, Manufacturing, and Trade held a hearing entitled , “Understanding Consumer Attitudes About Privacy.”  The hearing featured a single panel with a mix of industry representatives and consumer privacy advocates, including representatives from Intuit, Microsoft, the Digital Advertising Alliance, Evidon, and the World Privacy Forum.  A primary focus of the … Continue Reading

Reps. Terry and Lee Introduce TCPA Reform Measure

Reps. Lee Terry (R-NE) and Ed Towns (D-NY) have introduced the Mobile Informational Call Act of 2011 (H.R. 3035).  H.R. 3035 would amend the Telephone Consumer Protection Act — which is administered and enforced by the Federal Communications Commission but also authorizes private rights of action —  to clarify the scope of limitations under the … Continue Reading

Senate Judiciary Committee Passes Breach Notices Bills

Yesterday, the Senate Judiciary Committee approved legislation introduced by Committee Chairman Patrick Leahy (D-VT) (S. 1151) that would require firms to develop comprehensive data security programs and would impose a federal breach notice obligation on firms.  The same day, the Committee also approved amended versions of breach notification measures introduced by Sen. Dianne Feinstein (D-CA) … Continue Reading

Blumenthal Introduces Data Protection and Breach Notice Legislation.

As The Hill and other news outlets are reporting, Sen. Richard Blumenthal (D-CT) — who previously was one of the most active state attorneys general on privacy and data security issues before joining the Senate in 2011 — has introduced data protection legislation. This will be the eighth breach notification bill introduced on Capitol Hill during the 113th … Continue Reading

California Amends Breach Notice Law; Requires Notice to State AG

Earlier this week, California Governor Jerry Brown signed into law an amendment to California’s breach notice law (S.B. No. 24).  Former Governor Arnold Schwarzenegger vetoed similar legislation in 2008, 2009, and 2010.  As Inside Privacy noted when the legislation first moved through the California Senate on April 14, the legislation will amend California’s existing security … Continue Reading

Feinstein Introduces Breach Notice Bill; Senate Committee May Consider Breach Notice Proposals Shortly

For the fifth consecutive session of Congress, Sen. Dianne Feinstein (D-CA) has introduced legislation that would establish a federal data breach notification standard.  Sen. Feinstein’s legislation — the Data Breach Notification Act of 2011 (S. 1408) — is one of a number of breach notice proposals circulating on Capitol Hill that would preempt state breach … Continue Reading

House Subcommittee Approves Bono Mack Breach Notification Legislation

By David Fagan and Libbie Canter Yesterday, the House Subcommittee on Commerce, Manufacturing, and Trade voted to report the Secure and Fortify Electronic Data Act (H.R. 2577) — the SAFE Data Act — to the full House Energy & Commerce Committee, moving the legislation one step closer to passage. The legislation creates a national breach … Continue Reading

Supreme Court Strikes Down Vermont Law Restricting Use of Prescriber-Identifiable Data

Today, in a 6-3 decision, the U.S. Supreme Court struck down a Vermont law restricting the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors.  In so holding, the Supreme Court found that speech in aid of pharmaceutical marketing is a form of expression protected by the First Amendment.   … Continue Reading

Brookings Institution Holds Panel on Reforming ECPA

By Elizabeth Katz As Senate Judiciary Committee Chairman Patrick Leahy prepares to introduce legislation to reform the Electronic Communications Privacy Act, the Brookings Institution today held a panel on ECPA reform issues. The discussion began with a keynote address delivered by George Washington University Law School professor Orin S. Kerr. Following Mr. Kerr’s remarks, four … Continue Reading

Mobile Hearing Covers Mobile Privacy, ECPA Reform, and Data Breach Issues

This is another big week for privacy. On Monday, Senate Commerce Chairman Jay Rockefeller introduced the Do-Not-Track Online Act of 2011, which we posted about here. And yesterday, the newly created Senate Subcommittee on Privacy, Technology and the Law held its first hearing.  The hearing focused on mobile privacy issues, but also touched on other … Continue Reading

FTC Settles Data Security Claims In Connection With Ceridian and Lookout Services Data Breaches

The FTC has announced settlements with both Ceridian Corporation and Lookout Services, Inc., which the FTC charged with committing unfair and deceptive trade practices. According to the FTC, Ceridian and Lookout claimed they would take reasonable measures to secure the sensitive consumer data they maintained, but failed to do so. The FTC appears to have … Continue Reading

Rep. Bono Mack Will Introduce Data Security Legislation; Hearing Scheduled for May 4

Members of a key committee in the House have announced their intention to introduce data security legislation in the near future.  In a statement released Wednesday, Rep. Mary Bono Mack, who chairs the House Subcommittee on Commerce, Manufacturing and Trade, cited the recent Sony Playstation breach in calling for congressional legislation.  The subcommittee chaired by Rep. … Continue Reading

California DNT Hearing Scheduled For May 3

As we have previously posted, California State Senator Alan Lowenthal has introduced do-not-track legislation with the support of Consumer Watchdog and other public advocacy groups.  Most recently, the California Senate Judiciary Committee has scheduled a May 3, 2011 hearing on the bill.   SB 761 directs the California attorney general to adopt regulations requiring companies that collect online data to allow … Continue Reading

Rockefeller To Hold Cybersecurity Hearing On March 29

Yesterday, Senator Jay Rockefeller announced that the Senate Committee on Commerce, Science & Transportation, which he chairs, will hold a hearing on cybersecurity issues on March 29.  This is not a new issue for Senator Rockefeller or the Senate Commerce Committee, which approved cybersecurity legislation during the 111th Congress.  The Senate Homeland Security Committee had its … Continue Reading

New Ponemon Survey Identifies Trends In Data Breach Responses

According to the annual Ponemon Institute survey report released March 8, 2011 in 2010, U.S. companies affected by data breaches incurred an average cost of $7.2 million per incident.  (In comparison, in 2009, companies reported an average cost of $6.75 million).  The Ponemon survey identified a number of other interesting trends: Companies are responding to data breaches … Continue Reading

Covington to Participate in Healthcare Privacy Panel

Next week, IAPP hosts its annual Global Privacy Summit in Washington, D.C.  Inside Privacy will be attending the event, which has attracted a number of significant stakeholders in years past and will provide a good opportunity to take the temperature of stakeholders on key privacy and data security issues. Those who are interested in health privacy may … Continue Reading

Hawaii Considers Amendments To Data Breach Notification Law

Hawaii legislators have introduced several bills to amend the state’s data breach notice law.  Two of these legislative measures would eliminate the “risk of harm” trigger for breach notification in Hawaii.  Currently, notice to Hawaii consumers is required only “where illegal use of the [breached] personal information has occurred, or is reasonably likely to occur … Continue Reading
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