Act, Amazon, Apple, California, communications, Communications Act, FCC, FTC, Google, Hewlett-Packard, Microsoft, Mobile, privacy, RIM

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

By InfoLawGroup LLP on June 29, 2012

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."

Attorney General, Breach, Connecticut, data, data breach

Two Northeast States Update Breach Notification Statutes - CT & VT

By InfoLawGroup LLP on June 20, 2012

In the last month both Vermont and Connecticut updated their existing breach notification statutes, highlighting the need to closely monitor state legislatures, particularly end of session happenings. Each modification highlights the growing trend of states requiring notification to the state's attorney general, under often new compressed timeframes.

California, class action, injury-in-fact, motion to dismiss, Shine the Light, State case law

First Reported Shine the Light Suit Dismissed for Failure to State Cognizable Injury

By InfoLawGroup LLP on June 19, 2012

Last week, a plaintiff's putative class action alleging a violation of California's Shine the Light law, Cal. Civ. Code § 1798.83, was dismissed without prejudice. See Boorstein v. Men's Journal LLC, No. 12-cv-00771-DSF-E, 2012 WL 2152815 (C.D. Cal. June 14, 2012). The suit, one of several other similar pending suits, is the first reported decision applying the Shine the Light Law.