Katharine Goodloe

Katharine Goodloe

Katharine Goodloe is an associate in the firm’s Washington, DC office.  She is a member of the Communications & Media, Data Privacy and Cybersecurity, and Litigation practice groups.  Ms. Goodloe counsels communications and technology companies on a broad range of issues, including content liability, compliance with consumer privacy protection laws, data-collection and use practices, and automatic subscription renewal laws.  She also advises technology clients on national security and law enforcement-related compliance issues, including matters involving electronic surveillance and data privacy.  Prior to becoming a lawyer, Ms. Goodloe worked as a newspaper reporter.

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Wyden Releases Draft Privacy Bill Increasing FTC Authority, Providing for Civil Fines and Criminal Penalties

Senator Ron Wyden last week released a discussion draft of a federal privacy bill that would amend Section 5 of the Federal Trade Commission Act to expand the FTC’s authority, create significant civil fines, and enforce certain provisions through criminal penalties. The draft Consumer Data Protection Act is among a growing number of proposals for … Continue Reading

Covington Webinar: Examining the CLOUD Act

Covington’s Alex Berengaut and Kate Goodloe today hosted a webinar on the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act.  The CLOUD Act was signed into law in March and creates a new framework for government access to data held by technology companies worldwide.  The webinar, hosted with DataGuidance, is available here.  The webinar expands … Continue Reading

Supreme Court’s Carpenter Decision Requires Warrant for Cell Phone Location Data

In a decision that defines how the Fourth Amendment applies to information collected in the digital age, the Supreme Court today held that police must use a warrant to obtain from a cell phone company records that detail the location and movements of a cell phone user.  The opinion in Carpenter v. United States limits … Continue Reading

Federal Appeals Courts Split on Forensic Searches of Devices Seized at Border

Two federal appellate courts are taking sharply different views on whether—and why—government agents must have some amount of suspicion to conduct forensic searches of electronic devices seized at the border. The Fourth Circuit on May 9, 2018, held that government agents must have reasonable suspicion to conduct forensic searches of cell phones seized at the … Continue Reading

Covington IoT Update: U.S. Legislative Roundup on IoT

As policymakers weigh the many policy implications associated with the Internet of Things (“IoT”), U.S. lawmakers have put forward a variety of proposals for studying—and regulating—IoT devices.  Although the likelihood of current proposals becoming law this term remain uncertain at best, existing legislative proposals provide important context and insight into the ways that lawmakers view … Continue Reading

CLOUD Act Creates New Framework for Cross-Border Data Access

On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide. The CLOUD Act, enacted as part of the Consolidated Appropriations Act, has two components. Part I:  Extraterritorial Reach of … Continue Reading

Commerce Releases Green Paper on Approach to Supporting IoT, Seeks Public Comment

The Department of Commerce released a “green paper” earlier this month proposing steps the Department can take to advance and support the Internet of Things (“IoT”).  The report includes recommendations based on comments submitted to the Department in response to an April 2016 Request for Comment as well as feedback from a September 2016 IoT … Continue Reading

Ninth Circuit: CFAA’s Prohibition on Accessing Computer Without Authorization “Unambiguous”

In a decision released Tuesday, the Ninth Circuit held that the Computer Fraud and Abuse Act’s (“CFAA”) prohibition on accessing a computer “without authorization” is violated when a person whose access to a computer system has been “affirmatively revoked” nonetheless accesses that computer system by other means. In United States v. Nosal, the Ninth Circuit … Continue Reading

California Requires a Warrant To Search Electronic Communications

On Thursday, October 8, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act (“CalECPA”), which requires law enforcement officials in California to obtain a warrant to access digital records, including emails and text messages. The new law was supported by privacy rights advocates and technology companies, many of which are pushing … Continue Reading

Pocket Dials Are Not Private, Sixth Circuit Says

A person who makes an accidental “pocket dialed” call has no reasonable expectation of privacy in the conversations exposed to the person who picks up that call, the Sixth Circuit ruled last week.  The court compared this situation to a homeowner that mistakenly fails to cover his windows, exposing his actions to public view.  In … Continue Reading

FTC Announces First Consent Order With a Retail Tracking Company

The Federal Trade Commission (“FTC”) today announced that it has entered into a proposed consent order with Nomi Technologies (“Nomi”), marking the agency’s first action against a retail tracking company.  The announcement comes one year after the agency held a workshop on mobile device tracking in the retail environment.  Although the action may indicate increased … Continue Reading

Danielle Citron Discusses Legal Remedies for Online Harassment

At a talk today with members of Covington’s Privacy and Data Security Group, Danielle Citron highlighted the need for more remedies for victims of online harassment, including women harassed by so-called revenge pornography. Citron, a professor at the University of Maryland School of Law, focuses on information privacy law and is the author of Hate … Continue Reading

FCC to Hold Workshop On Broadband Privacy

The Federal Communications Commission will hold a workshop on April 28 to explore its role in protecting the privacy of broadband Internet access users. The Commission’s recent net neutrality order applied certain privacy requirements to broadband access providers, including Section 222 of the Communications Act.  That statute requires telecommunications carriers to protect the confidentiality of … Continue Reading

GAO Report Details CFPB’s Large-Scale Data Collection Practices, Identifies Shortcomings

This week, the Government Accountability Office (“GAO”) released a report recommending eleven actions the Consumer Financial Protection Bureau (“CFPB”) should take to enhance the privacy and security of its ongoing data collections.  The report also provides a detailed look at the increasingly large volume of information that CFPB collects, and how the agency’s data collection … Continue Reading

Eleventh Circuit: Warrant Required to Obtain Cell Site Location Information

The Eleventh Circuit ruled on June 11 that cell site location information—which can reveal the location of a cell phone user, based on his proximity to cell phone towers—is protected by the Fourth Amendment and can only be obtained with a warrant.  That ruling sets the stage for continued battles over Fourth Amendment protections for … Continue Reading

Data Breaches on the Rise in 2014

More than 200 million records were lost in digital breaches during the first three months of 2014, according to a new report that parses publicly available information on data breaches.   The records were lost in connection with at least 254 publicized breaches, according to SafeNet, a data security company that published the report. Those numbers … Continue Reading

Obama Administration and House Intelligence Committee Announce Proposals to Reform NSA Bulk Collection Program

After months of debating how to reform the National Security Agency’s bulk telephony metadata program, the Obama administration confirmed on Tuesday that it will ask Congress to pass legislation that restructures the program and ends the government’s practice of retaining bulk phone records. Under the proposal, as described in media reports, the NSA would end … Continue Reading

Court Refuses to Certify Gmail Class Action

The Northern District of California yesterday denied class certification to a group of plaintiffs suing Google over the company’s practice of scanning emails for advertising purposes in its Gmail service. Judge Lucy H. Koh held that individualized issues of consent would predominate over any common issues of law in the litigation, and denied Plaintiffs’ request to … Continue Reading

Key Takeaways from the FTC Workshop on Mobile Device Tracking

Last week, the Federal Trade Commission held the first of its three spring workshops, focused on mobile device tracking.  Mobile tracking has gained increasing attention in recent years, as some brick and mortar retailers have begun tracking the signals emitted from customer smartphones in an effort to better understand shopping habits and patterns.  For instance, … Continue Reading

Franken Bill Would Require Express Consent to Collection of Geolocation Information

Sen. Al Franken (D-Minn.) plans to re-introduce a bill intended to limit the use of geolocation data obtained from consumer smartphones and car navigation systems.  The Location Privacy Protection Act, which was first introduced in 2011, would require a user’s express authorization to collect, receive, record, obtain, or disclose to a non-governmental individual or entity … Continue Reading

Urban Outfitters Argues Zip Code Class Actions Are Insured

Urban Outfitters is calling for its insurers to cover any potential losses stemming from allegations the company improperly collected customer zip codes.  In a set of cross-motions for summary judgment filed last week, the retailer argued the zip code claims filed against it in three class-action lawsuits involve a customer’s right to privacy, bringing them … Continue Reading

Coalition Urges White House to Open Big Data Review to Public Comment

Almost three weeks into the Administration’s comprehensive review of privacy issues relating to big data, a coalition of twenty-five consumer groups, privacy advocates, and civil liberties organizations are pushing the White House to open up the process to public participation. In a letter released this week, the coalition asked the Office of Science and Technology … Continue Reading

California Court Agrees Song-Beverly Act is Inapplicable to Online Purchases of Physically-Delivered Goods

Earlier this month, a California trial court held that the Song-Beverly Act does not apply to online purchases of physically delivered goods.  The Superior Court for the County of Los Angeles-Central District ruled in favor of Ticketmaster on January 10 in a lawsuit alleging violations of the Song-Beverly Act because customers were required to provide … Continue Reading

Task Force: Phone Companies Should Keep Bulk Metadata Records for NSA

Billions of bulk phone call records used for government surveillance programs should be stored with telecommunications providers rather than with the NSA, according to reports of a proposal from a presidential task forced examining reforms to surveillance authorities.  Recommendations from the Review Group on Intelligence and Communications Technology were presented to the President on Friday,  … Continue Reading
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