Shelton Abramson

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FTC Internet of Things Report Outlines Privacy and Security Recommendations for Industry

Yesterday, the Federal Trade Commission released a staff report on the Internet of Things (“IoT”) that provides best practice recommendations for addressing privacy and security risks associated with IoT products and services.  The report, Internet of Things: Privacy & Security in a Connected World, also summarizes findings from the FTC’s 2013 IoT workshop.  In the … Continue Reading

President Obama Proposes New Legislation and Model Terms of Service to Protect Student Privacy

During his speech earlier this week at the Federal Trade Commission, President Obama unveiled a set of proposals to enhance student privacy protections.  These proposals will include publishing a draft Student Digital Privacy Act, promoting an existing Student Privacy Pledge for educational technology providers, and introducing new privacy tools through the Department of Education.… Continue Reading

Department of Energy, Federal Smart Grid Task Force Release Smart Grid Voluntary Code of Conduct to Address Data Privacy Concerns

The Department of Energy and the Federal Smart Grid Task Force released the final version of a Voluntary Code of Conduct (VCC) for smart grid data privacy on Monday, several hours after President Obama heralded the release of the VCC as part of his speech on privacy and cybersecurity at the Federal Trade Commission.  The … Continue Reading

FTC Denies AgeCheq Parental Consent Application But Trumpets General Support for COPPA Common Consent Mechanisms

The Federal Trade Commission (“FTC”) recently reiterated its support for the use of “common consent” mechanisms that permit multiple operators to use a single system for providing notices and obtaining verifiable consent under the Children’s Online Privacy Protection Act (“COPPA”). COPPA generally requires operators of websites or online services that are directed to children under … Continue Reading

FTC Sues Amazon Over Allegedly Unauthorized In-App Purchases

By: Nora Diamond The Federal Trade Commission (“FTC”) brought suit last week against Amazon.com for allegedly collecting unauthorized in-app charges in connection with children’s apps. The FTC alleges that, by failing to require the account holder to enter a password before allowing a charge, Amazon unfairly billed parents for millions of dollars in unauthorized purchases. … Continue Reading

FTC Data Broker Report Calls for More Transparency and Consumer Control

The Federal Trade Commission (“FTC”) recently released a report on the data broker industry that summarizes the FTC’s findings from an investigation of nine data brokers.  The report, Data Brokers: A Call for Transparency and Accountability, recommends that Congress consider enacting legislation that promotes transparency and consumer access to information held by data brokers, and … Continue Reading

EU Parliamentary Elections: What Impact on the EU Data Protection Reform?

By: Sophie Noya On May 22-25, EU citizens elected Members of the European Parliament (“MEPs”) for a five-year term.  Several of the key parliamentary decision-makers on the data protection reform have been reelected, including the strongest supporters of far-reaching privacy rights such as the rapporteur, German Green Member Jan Philipp Albrecht, and Dutch Liberal Sophia … Continue Reading

FTC Staff Updates Guidance on “COPPA and Schools” Through Revised FAQs

The staff of the Federal Trade Commission (“FTC”) has released updated guidance on how the Children’s Online Privacy Protection Act (“COPPA”) and its implementing regulations apply to schools and educational online services through revisions to the Frequently Asked Questions (“FAQS”) that are published on the FTC website.  For a comparison between the old and new … Continue Reading

Senate Democrats Introduce Data Security and Breach Notification Act of 2014

In the wake of the high profile retailer data breaches involving Target and Neiman Marcus, among others, Capitol Hill is re-engaging on data security breach legislation.  Among other activity in Congress, Senators John D. Rockefeller IV (D-West Virginia), Dianne Feinstein (D-California), Bill Nelson (D-Florida), and Mark Pryor (D-Arkansas) recently introduced the Data Security and Breach … Continue Reading

Center for Digital Democracy Requests COPPA Investigations of Marvel and Sanrio Digital

The Center for Digital Democracy (“CDD”) recently filed requests for investigation with the Federal Trade Commission (“FTC”) claiming that Marvel Entertainment and Sanrio Digital failed to comply with the Children’s Online Privacy Protection Act’s (“COPPA”) notice and consent requirements.  Marvel.  The Marvel filing alleges that Marvelkids.com is a child-directed website that collects personal information, such … Continue Reading

FTC Approves New COPPA Parental Consent Method

The Federal Trade Commission (“FTC”) recently approved a new method of verifiable parental consent — knowledge-based authentication (“KBA”) — as consistent with the requirements of the Children’s Online Privacy Protection Act (“COPPA”).  COPPA generally requires operators of websites or online services that are directed to children under 13 or that have actual knowledge that they … Continue Reading

Seventh Circuit: Indiana Telemarketing Statute Not Preempted by TCPA

The Seventh Circuit Court of Appeals recently held that the application of Indiana’s Automated Dialing Machine Statute to interstate calls was not preempted by the federal Telephone Consumer Protection Act or its implementing regulations (“TCPA”).  The case, Patriotic Veterans v. Indiana,  highlights the importance of considering both the TCPA and potentially applicable state laws before … Continue Reading

Privacy Working Group Created in U.S. House of Representatives

On August 1, Representatives Lee Terry (R- Neb.) and Jan Schakowsky (D-Ill.) announced the creation of a bipartisan Privacy Working Group in the U.S. House of Representatives that will seek to “examine online privacy concerns and issues…with a balanced approach that recognizes the need to protect personal information online in a manner that preserves growth … Continue Reading

FTC Releases Updated Guidance on New COPPA Rule

Yesterday, the FTC staff released its latest round of updated Frequently Asked Questions (“FAQs”) for its Rule implementing the Children’s Online Privacy Protection Act (“COPPA Rule”).  These new FAQs address the circumstances in which third parties may obtain “actual knowledge” that they are collecting personal information from a child-directed site or service and whether parental … Continue Reading

FTC Issues Revised Business Guide on Identity Theft Red Flags Rule

By: Kelly Carson Last month, the Federal Trade Commission (FTC) issued an updated “How-To” guide to help businesses and organizations determine whether they are subject to the agency’s Red Flags rule (Rule).  Under the Rule, certain entities are required to establish written programs that are aimed at detecting and preventing identity theft. The FTC’s revised … Continue Reading

FTC Releases Additional COPPA FAQ to Address Push Notifications

The Federal Trade Commission (“FTC”) recently released an additional question and answer as part of its revised COPPA FAQs, which provide guidance on the FTC staff’s interpretations of the rule implementing the Children’s Online Privacy Protection Act (“COPPA”).  As we previously reported, the FTC published substantial revisions to the COPPA FAQs in April in order … Continue Reading

Department of Transportation Meeting Focuses on Data Privacy in Air Travel

Earlier this week, the U.S. Department of Transportation’s Advisory Committee on Aviation Consumer Protection (“ACACP”) held a meeting in Washington, D.C. to discuss data privacy and security issues relevant to the aviation industry.  The meeting featured presentations by representatives of the airlines, travel agents, online travel agents, global distribution systems (“GDS”), and consumers. According to … Continue Reading

FTC Votes To Retain July 1 Compliance Date for Revised COPPA Rule

The Federal Trade Commission (FTC) has voted unanimously to retain the July 1, 2013 effective date for its revisions to the rule implementing the Children’s Online Privacy Protection Act (COPPA).  As we previously wrote, the FTC adopted significant revisions to the COPPA rule in December 2012 and established a July 1, 2013 effective date.  In … Continue Reading

California Senate Unanimously Passes Online Privacy Bill That Would Give Minors an “Eraser Button”

Last week, the California Senate unanimously passed a bill that would give California minors the right to “remove content or information” that they submit to websites, online services, online applications, or mobile applications.  The term “content or information” is not defined, and could be interpreted broadly to include any text, photos, videos, audio files, or … Continue Reading

HITECH Update #10: HHS Releases First Sample Business Associate Agreement Provisions Since HITECH Act, Omnibus Rule

This post is part of our series on key aspects of the final HITECH omnibus rule published by the U.S. Department of Health and Human Services (HHS) in the Federal Register on January 25, 2013. Previous posts are available here. The regulations are effective March 26, 2013, but covered entities and business associates have until … Continue Reading

HITECH Update #9: Omnibus Rule Revises Individual Rights to Request Restrictions, Access to Protected Health Information

This post is part of our series on key aspects of the final HITECH omnibus rule published by the U.S. Department of Health and Human Services (HHS) in the Federal Register on January 25, 2013. Previous posts are available here. The regulations are effective March 26, 2013, but covered entities and business associates have until … Continue Reading
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