Tag Archives: privacy

A Reasonable Security Blanket

Fear the data breach.  Companies large and small worry that a security lapse compromising personal information may hurt their customers or employees and expose the organization to costly liability and a damaged reputation.  But recent developments suggest that comfort may still be found in keeping privacy promises and keeping up with “reasonable security” best practices. … Continue Reading

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

Enforcing Canadian Anti-Spam Law

The Canadian Anti-Spam Legislation (CASL) has aroused concern among marketers on both sides of the border since it started coming into force in July 2014 (some provisions, such as a private right of action, do not take effect until next year). It has stricter consent requirements than the US CAN-SPAM Act, as well as rules … 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

The FCC TCPA Order: What Does My Business Need To Know?

This Post Was Co-Authored by Partner, Justine Gottshall and Counsel, Brian Schaller The Federal Communications Commission (“FCC”) released its TCPA Omnibus Declaratory Ruling and Order (“Order”) regarding the Telephone Consumer Protection Act (“TCPA”) on July 10, 2015, which Chairman Tom Wheeler announced via a blog post and FAQ’s in late May. InfoLawGroup previously discussed the potential … Continue Reading

Congratulations Justine Gottshall

InfoLawGroup congratulates partner Justine Young Gottshall for being recognized by SC Magazine as one of the 5 Women in IT Security: Women to Watch. It is an honor to be named, particularly given the other accomplished and successful women on the list, and those profiled throughout the Women in IT Security issue.  Ms. Gottshall is the sole … Continue Reading

Live-Streaming Apps; What We Aren’t Talking About

There are many articles circulating the web about new live-streaming video technologies like Meerkat. These tremendous apps make it possible for users to stream real time video from their phone to the internet for all to view, turning every individual into a real-time video-journalist.   Brands and entertainment properties have also jumped into the fray … Continue Reading

RadioShack Bankruptcy Case Highlights Value of Consumer Data

On Thursday, a bankruptcy judge granted final approval of the sale of RadioShack Corporation (“RadioShack”) assets to General Wireless Operations Inc. (“General Wireless”), which included customers’ personal information. In the order, the Delaware bankruptcy judge stated “ . . . no showing was made that the sale of personally identifiable information (the “PII”)(as defined in … Continue Reading

InfoLawGroup is hiring!

The Information Law Group is looking for one fantastic lawyer to join our team.  If you are interested, please see the information below. Requirements InfoLawGroup is looking for a candidate with 4-8 years of experience as an attorney drafting and negotiating digital media, IT, data security and privacy related contracts/schedules.  Bar membership in Illinois, Washington DC or California … Continue Reading

Alcohol Ads In the Digisphere – New-ish Guides In Town

At the end of September, thirteen leading beer, wine and spirits producers published the Digital Guiding Principles (DGPs) as part of their global commitment to reducing harmful drinking.  These are self-regulatory guidelines — they are not law, although some of the principles track legal requirements in the U.S.  Moreover, these principles do not replace any other guidelines … Continue Reading

Recent International Study Reports Delinquencies in App Privacy Disclosures

In a recently reported study released by the the Global Privacy Enforcement Network (“GPEN”), the GPEN found that a testing sample of 1,211 mobile apps accessed during May of this year failed to provide users with adequate privacy protections under current regulatory provisions in the United States and in other countries. The GPEN is a coalition … Continue Reading

ALERT: Google’s Plan to Open Its Services to Children Could Spur Changes to COPPA Enforcement

Recent reports indicate that Google is developing a program that would allow children under the age of 13 to obtain accounts on Google services such as Gmail and YouTube.  The Wall Street Journal  recently reported that “Google is trying to establish a new system that lets parents set up accounts for their kids, control how … Continue Reading

Mobile Apps: FTC Says Vague Privacy Policies and Lack of Terms a Problem

Last week, the FTC released a study it conducted in connection with price-comparison apps, deal apps and apps that allow people to pay for purchases using their mobile device while shopping in brick-and-mortar stores.  The newly released study is the latest commentary from the FTC in a long line of workshops and reports that started in 2012 … Continue Reading

Record Number of Data Breaches for New Yorkers in 2013

Over the past eight years, the New York Attorney General’s office has been compiling statistics on data breaches pursuant to the state’s breach notification law.  Earlier this week, Attorney General Eric Schneiderman published a report titled, “Information Exposed: Historical Examination of Data Breaches in New York State,” which provides analysis and insight into how those … Continue Reading

InfoLawGroup Senior Counsel Mark Paulding Discusses Privacy and Security on This Week in Law

InfoLawGroup Senior Counsel Mark Paulding appeared on Episode 257 of  This Week in Law, joining security expert Bruce Schneier and Harvard scholar Kyle Courtney to discuss a wide range of issues dealing with law, policy and technology. The full episode is embedded below. The episode covered topics ranging from NSA surveillance and companies’ efforts to … Continue Reading

“Big Data” for Educational Institutions: A Framework for Addressing Privacy Compliance and Legal Considerations

Educational institutions at all levels have begun to realize that they hold a treasure trove of student-related information, that if analyzed using “Big Data” techniques, could yield valuable insights to further their educational missions.  Educational institutions hold a broad variety of student-related information that may be analyzed, including grades, financial information, health information, location-related information … Continue Reading

Wiretap Act Exception Did Not Protect Google’s Collection of Street View Wi-Fi Data

The Ninth Circuit Court of Appeals has ruled against Google concerning the company’s collection of Wi-Fi information in connection with the development of its Street View service. Background Google collected data from unencrypted Wi-Fi networks as it drove around taking photos for Street View. That data included the network’s name (SSID), the router’s MAC address, … Continue Reading

Sweepstakes and Contests Now Easier To Run on Facebook

Yesterday (Aug. 27, 2013) Facebook updated the section of its Pages Terms applicable to administering sweepstakes and contests on Facebook (see HERE and HERE).  In essence, Facebook removed almost all of the prior restrictions they imposed.  For example, companies no longer have to run their sweepstakes or contests via an app, nor are they prohibited … Continue Reading

New HIPAA/HITECH Rules Implementation Roadmap: Countdown Begins to September 23, 2013 Compliance Deadline

Last week marked the effective date of the Department of Health and Human Services (HHS) Office of Civil Rights comprehensive modifications to the HIPAA Privacy, Security, Enforcement and Breach Notification Rules (“the Rules”).  The arrival of the effective date commences the 180-day period for covered entities to come into compliance with most of the Rule’s … Continue Reading

White House Cyber Security Order Likely to Have Long-Term Impact on Critical Infrastructure Owners and Operators

On February 12, 2013, following Congress’ failure to enact cybersecurity legislation, the Administration issues an executive order — entitled “Improving Critical Infrastructure Cybersecurity” — that seeks to move forward the effort to comprehensively address the cybersecurity of the country’s critical assets. The White House observed that “the cyber threat to critical infrastructure continues to grow … Continue Reading

Illinois Court Protects Identity of Anonymous Online Speaker

Brompton Bldg., LLC v. Yelp!, Inc., 2013 WL 416185 (Ill.App. 1 Dist. January 31, 2013) The Appellate Court of Illinois has affirmed a trial court’s dismissal of the petition that an aggrieved real estate owner filed to discover the identity of a tenant who was badmouthing the petitioner’s rent-collection practices. The decision is a win … Continue Reading
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