Tag Archives: Mobile

BYOB: Be Your Own Broadcaster (and Studio) –What to watch out for in content creation and distribution

2017 is starting to look like the year of DIY content creation and distribution. Companies are becoming their own studios and broadcasters at a seemingly record pace. If your organization doesn’t already have its own channel or stream, there’s a good chance someone is at least considering making it happen. We work hand in hand … Continue Reading

Math Question As Age-Gate and Invite-A-Friend Under Fire

The Children’s Advertising Review Unit of the Council of Better Business Bureaus (“CARU”) routinely monitors web sites and mobile apps for compliance with its Guidelines and the Children’s Online Privacy Protection Act (“COPPA”).  Through that routine monitoring, CARU recently discovered the information practices of the 1st through 7th grade mobile applications called Friendzy (e.g., 1st … Continue Reading

CARU IS WATCHING YOUR…APPS

The Children’s Advertising Review Unit of the Council of Better Business Bureaus (CARU) routinely monitors advertising to children.  Through those monitoring efforts, CARU brings challenges against advertisers for alleged non-compliance with its Self-Regulatory Program for Children’s Advertising and the Children’s Online Privacy Protection Act (COPPA).  In a recent case published on March 10, 2014, CARU … Continue Reading

California AG Releases Mobile App Guidelines; Industry Responds

Last week, California Attorney General Kamala Harris released a set of recommendations titled “Privacy on the Go” directed toward the mobile app industry that seeks to “educate the industry and promote privacy best practices.”  The guidelines separately address app developers, app platform providers, mobile ad networks, operating system providers, and mobile carriers. A coalition of … Continue Reading

California Attorney General Sues Delta Air Lines for Failing to Have a Mobile App Privacy Policy

Keeping good on her threat from October, the California Attorney General has brought her first lawsuit over a company’s failure to include a privacy policy in its mobile app.  The suit, against Delta Air Lines, alleges a violation of the California Online Privacy Protection Act (“CalOPPA”), which requires operators of online services to make a … Continue Reading

FCC Seeks Public Comment on Mobile Carrier Privacy Policies Following Data Collection Controversy

In re-launching the inquiry into carriers' data privacy and security practices, the FCC argues that not informing customers about the software or its data practices may have violated the carriers' responsibility pursuant to Section 222 of the Communications Act of 1934 to protect customer data "that is made available to a carrier solely by virtue of the carrier-customer relationship." The law allows such data to be used only in "limited circumstances," a term which is not defined in Section 222. It appears that one of the goals of the renewed inquiry is for the FCC to define the scope of the "limited circumstances." … Continue Reading

The Legal Implications of BYOD (Part II) – Preparing Personal Device Use Policies

In our last "bring your own device" post we explored some of the key security, privacy and incident response issues related to BYOD. These issues are often important drivers in a company's decision to pursue a BYOD strategy and set the scope of personal device use within their organization. If the risks and costs associated with BYOD outstrip the benefits, a BYOD strategy may be abandoned altogether. One of the primary tools (if not the most important tool) for addressing such risks are BYOD-related policies. Sometimes these policies are embedded within an organization's existing security and privacy policy framework. More frequently, however, companies are creating separate personal device use policies that stand alone or work with/cross-reference existing company security, privacy and incident response polices. This post lays out the key considerations company lawyers and compliance personnel should take into account when creating personal device use policies and outlines some of the important provisions that are often found in such policies. … Continue Reading

The Security, Privacy and Legal Implications of BYOD (Bring Your Own Device)

Employees are increasingly using (and demanding to use) their personal devices to store and process their employer's data, and connect to their networks. This "Bring Your Own Device" trend is in full swing, whether companies like it or not. Some organizations believe that BYOD will allow them to avoid significant hardware, software and IT support costs. Even if cost-savings is not the goal, most companies believe that processing of company data on employee personal devices is inevitable and unavoidable. Unfortunately, BYOD raises significant data security and privacy concerns, which can lead to potential legal and liability risk. This blogpost identifies and explores some of the key privacy and security legal concerns associated with BYOD, including "reasonable" BYOD security, BYOD privacy implications, and security and privacy issues related to BYOD incident response and investigations. … Continue Reading

Privacy in Principle (As California Goes, So Goes the Nation? Part Four)

What happened in the privacy world last week? On Thursday, just before the release of the White House Paper, California Attorney General Kamala Harris announced an agreement with the leading operators of mobile application platforms to privacy principles designed to bring the mobile app industry in line with a California law requiring mobile apps that collect personal information to have a privacy policy. It might be argued that the White House is now enunciating principles and best practices, and encouraging legislation of principles, that have long been embodied not only as best practice but as actual legislation under California law. … Continue Reading

MMA Proposes Mobile Application Privacy Policy Framework

The Mobile Marketing Association ("MMA"), an industry group, has released its Mobile Application Privacy Policy Framework ("Guidelines") for public comment, which they are accepting through November 18th. The intent of the Guidelines is to create a framework for developers to use to provide clear and functional privacy disclosures to consumers who use mobile applications.… Continue Reading

Mobile Application Settles FTC Charges of COPPA Violations

 If there really was any remaining debate over whether the Children’s Online Privacy Protection Act (“COPPA”) applies in the mobile world, this should put it to rest. W3 Innovations, LLC, doing business as Broken Thumbs Apps, along with the company president and owner Justin Maples, has paid $50,000 to settle an FTC complaint that certain mobile … Continue Reading

InfoLawGroup Speaks with Fox Live about Mobile Privacy

On May 10, 2011, the Senate Subcommittee on Privacy, Technology and the Law held a hearing on mobile privacy. We covered the hearing in detail on our blog. Yesterday, InfoLawGroup partner Boris Segalis spoke with Fox Live's Tracy Byrnes about the balance between business and consumer interests that mobile privacy implicates. The clip from the interview is available on Fox at http://video.foxnews.com/v/4689248/the-congressional-mobile-privacy-hearing/?playlist_id=86861 … Continue Reading
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