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Jayne Ponder

Jayne Ponder is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group.

Ms. Ponder is admitted to the Bar of Massachusetts. District of Columbia bar application pending; supervised by principles of the firm.

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Florida Legislature Considering Comprehensive Privacy Law

By Libbie Canter, Jayne Ponder and Alexandra Scott on Posted in Data, Data Privacy, State Legislatures, United States
Florida may be next state to join the growing number of states with a consumer privacy law, as both chambers of Florida’s legislature are currently considering comprehensive state privacy legislation.  Both HB 969 and SB 1734 resemble the California Consumer Privacy Act (“CCPA”), though they contain some notable differences.  Florida Governor Ron DeSantis expressed support … Continue Reading

“Cyber Shield Act” Calling for IoT Device Certification Reintroduced in Congress

By Micaela McMurrough and Jayne Ponder on Posted in Congress, Cybersecurity
Sen. Ed Markey (D-MA) and Rep. Ted Lieu (D-CA-33) reintroduced the Cyber Shield Act on March 24, 2021. The proposed legislation is not new to Congress; Sen. Markey and Rep. Lieu previously introduced the Cyber Shield Act in both 2017 and 2019. However, the bill never made it to a vote in either the House … Continue Reading

2021 State Privacy Legislation Roundup: California, Virginia, New York, and Washington

By Shane Rogers, Libbie Canter, Lindsey Tonsager, Jayne Ponder and Alexandra Scott on Posted in California Privacy Rights Act, Data Privacy, Privacy and Data Security, Privacy Policies, U.S. Federal and State Legislative Initiatives, United States
Several states have proposed new privacy bills since their sessions began.  Some of the proposed bills carry over or re-introduce bills drafted in previous legislative sessions, while others are introducing first-in-time omnibus privacy bills.  In the high-level chart below, we compare five of the key state privacy frameworks: the CPRA, VCDPA (which we blogged about here), the NYPA, the general privacy provisions of the Washington Privacy Act, and … Continue Reading

SAFE TECH Act Would Limit Scope and Redesign Framework of Section 230 Immunity

By Jayne Ponder on Posted in Congress, Emerging Technologies, Social Media
A number of legislative proposals to amend Section 230 of the 1996 Communications Decency Act (“Section 230”) have already been introduced in the new Congress.  Section 230 provides immunity to an owner or user of an “interactive computer service” — generally understood to encompass internet platforms and websites — from liability for content posted by … Continue Reading

IoT Update: President Trump Signs IoT Cybersecurity Act of 2020 into Law

By Jayne Ponder, Jennifer Johnson, Layth Elhassani and Micaela McMurrough on Posted in Congress, Cybersecurity, Internet of Things (IoT), White House
On Friday, December 4, 2020, President Trump signed the bipartisan Internet of Things (“IoT”) Cybersecurity Improvement Act of 2020 into law.  The IoT Cybersecurity Improvement Act empowers the National Institute of Standards and Technology (“NIST”) to create cybersecurity standards for internet-connected devices purchased and used by federal agencies.  For more information on the law, please … Continue Reading

IoT Update: Congress Passes IoT Cybersecurity Improvement Act of 2020

By Jayne Ponder, Jennifer Johnson, Layth Elhassani and Micaela McMurrough on Posted in Congress, Cybersecurity, Internet of Things (IoT), United States
The bipartisan Internet of Things (“IoT”) Cybersecurity Improvement Act of 2020 (S. 734, H.R. 1668) has passed the House and the Senate and is headed to the President’s desk for signature.  The bill was sponsored in the House by Representatives Hurd (R-TX) and Kelly (D-IL), and in the Senate by Senators Warner (D-VA) and Gardner … Continue Reading

Five Key Themes from the FTC’s Data Portability Workshop

By Gabe Maldoff, Jayne Ponder, Kayvan Farchadi and Claire O'Rourke on Posted in California Consumer Privacy Act (CCPA), Data Privacy, Data Security, European Union, Federal Trade Commission, India
On September 22, 2020, the Federal Trade Commission (“FTC”) hosted “Data to Go,” a virtual workshop on data portability. The workshop convened experts from civil society, academia, and industry to discuss the potential risks as well as consumer and competition benefits of data portability, as well as issues and best practices related to its implementation … Continue Reading

IoT Update: FTC Settles with Smart Lock Manufacturer and Provides Guidance for IoT Companies

By Hannah Lepow and Jayne Ponder on Posted in Canada, Consumer Protection, Cybersecurity, Data Security, Federal Trade Commission, Internet of Things (IoT), Privacy and Data Security, United States
On April 6, 2020, Tapplock, Inc., a Canadian maker of internet-connected smart locks, entered into a settlement with the Federal Trade Commission (“FTC”) to resolve allegations that the company deceived consumers by falsely claiming that it had implemented reasonable steps to secure user data and that its locks were “unbreakable.”  The FTC alleged that these … Continue Reading

Legislation Seeks to Regulate Privacy and Security of Wearables and Genetic Testing Kits

By Lindsey Tonsager, Anna D. Kraus, Wade Ackerman and Jayne Ponder on Posted in Data Privacy
Last week, Senators Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced the Protecting Personal Health Data Act (S. 1842), which would provide new privacy and security rules from the Department of Health and Human Services (“HHS”) for technologies that collect personal health data, such as wearable fitness trackers, social-media sites focused on health data or … Continue Reading

AI/IoT Update:  Congress Considers Measures to Support AI and IoT Technologies

By Jayne Ponder on Posted in Artificial Intelligence (AI), Congress, Emerging Technologies, Internet of Things (IoT)
As policymakers weigh the implications of artificial intelligence (“AI”) and the Internet of Things (“IoT”), members of Congress have introduced a handful of measures focusing on Government support for and adoption of these emerging technologies. In May, Senators Deb Fischer (R-NE), Brian Schatz (D-HI), Cory Gardner (R-CO), and Cory Booker (D-NJ) reintroduced the Developing and … Continue Reading

GAO Report Calls for Federal Privacy Law

By Jayne Ponder on Posted in Data Privacy
This month, the Government Accountability Office (“GAO”) released a report recommending that Congress consider enacting a federal internet privacy law in the United States.  The 56-page independent report was requested by the House Energy and Commerce Committee, which has scheduled a hearing on data privacy on February 26, during which it plans to discuss the GAO’s … Continue Reading

All-Time Record Year for HIPAA Enforcement

By Jayne Ponder on Posted in Data Privacy, Department of Health and Human Services, Health Privacy
The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced that 2018 was an all-time record year for Health Insurance Portability and Accountability Act (“HIPAA”) enforcement activity.   Enforcement actions in 2018 resulted in the assessment of  $28.7 million in civil money penalties.  Enforcement activity focused primarily on breaches of electronic protected … Continue Reading

HHS Releases Voluntary Cybersecurity Guidance

By Anna D. Kraus and Jayne Ponder on Posted in Health Privacy
Hospitals and other health care organizations are attractive targets for cyber-attacks, in part because their databases contain medical records and other sensitive information. Breaches of this information could have very serious implications for patients.  Moreover, electronics connected to a health care facility’s network keep people alive, distribute medicines, and monitor vital signs. As a result, … Continue Reading

Vermont and D.C. Enact New Auto-Renewal Statutes

By Laura Kim and Jayne Ponder on Posted in Advertising & Marketing, State Legislatures
Vermont and the District of Columbia recently joined the growing list of states that have enacted automatic renewal statutes.  Automatic renewal clauses (“auto-renewals”) allow providers of goods or services to bill consumers periodically without obtaining express consent before each billing cycle.  These clauses are becoming increasingly common for a variety of goods and services.  Regulators … Continue Reading
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