Photo of Kurt Wimmer

Kurt Wimmer is a partner concentrating in privacy, data protection and technology law.  He advises national and multinational companies on privacy, data security and technology issues, particularly in connection with online and mobile media, targeted advertising, and monetization strategies.  Mr. Wimmer is rated in the first tier by Legal 500, designated as a national leader in Chambers USA, and is included in Best Lawyers in America in four categories.  He represents companies and associations on public policy matters before the FTC, FCC, Congress and state attorneys general, as well as in privacy assessments and policies, strategic content ventures, copyright protection and strategy, content liability advice, and international matters.

On Saturday, I had the privilege of being interviewed live on British television by Sky News about a fascinating clash of culture and law. An English soccer star has sued anonymously to stop the English press from printing his identity. In court papers, the anonymous star athlete claimed that Imogen Thomas, a former member of the Big Brother cast in England, was threatening to sell a story about their affair to an English newspaper. The facts that were to be protected by this lawsuit were true, in large part — the athlete, who had carefully groomed his public image as a dedicated family man, admitted to an affair with Ms. Thomas. The length and intensity of the affair apparently is a matter of some dispute, but the gist of the story appears to be true.

An English trial judge granted the athlete a “super injunction” — an extraordinary but disappointingly common fixture of English common law that gags any member of any English press outlet from disclosing any facts other than those authorized by the court. It applies to any medium under English jurisdiction, whether or not the medium has had an opportunity to argue against it, or whether it is even named in the injunction. Not surprisingly, the first caution my host provided when I arrived at the Sky News set was simple: “We’re not naming any names.”

Continue Reading Privacy, Twitter and the “Super Injunction”

Here’s a five-minute overview of the five major bodies that will influence the privacy, data protection and data security areas as we start 2011.

1.       The Federal Trade Commission.  The FTC’s privacy efforts focus on the FTC Act’s broad prohibition against “unfair or deceptive” acts or practices.  The FTC also has played a valuable role