PrivacyRSS

  • May 20, 2013

    Fighting Agencies May Be Tougher After High Court Ruling

    The U.S. Supreme Court's Monday ruling in favor of the Federal Communications Commission, which held that courts should apply a deferential standard of review when federal agencies interpret the limits of their own authority, may make it tougher for regulated businesses to fight agency actions, attorneys say.

  • May 20, 2013

    Yahoo Japan Breach Exposes 22M User Logins

    Yahoo Japan Corp. said Friday that hackers who recently infiltrated its systems might have stolen up to 22 million user IDs, marking the second attempt by outside intruders since the beginning of April to access data on Yahoo users in the country.

  • May 20, 2013

    Homeland Security Aims To Debar Body Scanner Maker

    OSI Systems Inc., which manufactured body scanners for the U.S. Department of Homeland Security, said Monday that the government is seeking to debar it from getting new contracts as a result of privacy concerns raised by its equipment.

  • May 20, 2013

    Telstra Again Faces Aussie Privacy Probe After Data Exposure

    The Australian privacy commissioner on Monday launched a probe into a Telstra Corp. Ltd. data security lapse that caused thousand of customers' personal information to be accessible through public search engines, less than a year after the regulator concluded that a separate breach involving the company violated the country's data protection law.

  • May 20, 2013

    Cybersecurity Standards Need Flexibility, NIST Told

    The National Institute of Standards and Technology on Thursday released an analysis of hundreds of initial comments on proposed cybersecurity measures to protect critical infrastructure, with respondents stressing that the framework should allow for flexibility and emphasize risk management over compliance standards. 

  • May 20, 2013

    NJ Assembly Passes Revised Social Media Privacy Bill

    The New Jersey Assembly on Monday overwhelmingly approved revised legislation barring employers from forcing current workers or job hopefuls to disclose their user names and passwords for social media sites such as Facebook and Twitter, after accepting Gov. Chris Christie's recommendation to remove a private cause of action under the bill and other changes.

  • May 20, 2013

    Agencies Deserve Deference On Jurisdiction, Justices Say

    The U.S. Supreme Court ruled Monday that courts should apply a deferential standard of review toward a federal agency's definition of its own jurisdiction, siding with the Federal Communications Commission in a fight with local government agencies over zoning rules for wireless facilities.

  • May 20, 2013

    Snapchat Doesn't Delete Photos As Promised, EPIC Tells FTC

    The Electronic Privacy Information Center on Friday pushed the Federal Trade Commission to probe claims made by the mobile app Snapchat that it can make shared photos and videos "disappear forever," alleging that the content can actually be easily recovered after it is deleted.

  • May 20, 2013

    Class Cert. Premature In Bogus Starbucks Texts Suit: Judge

    A Florida federal judge said Friday that it was "extremely premature" to certify a class of consumers who allege that marketing firm Acquinity Interactive LLC used bogus text messages promising free Starbucks Corp. drinks to trick consumers into forking over their personal information.

  • May 20, 2013

    Crate & Barrel Must Face Privacy Suit Over Recorded Calls

    A California federal judge Thursday declined to dismiss a proposed class suit alleging the furniture store Crate & Barrel unlawfully recorded customer phone calls, saying she was skeptical that the California Legislature intended to exempt customer service calls from state privacy laws. 

  • May 17, 2013

    FBI Wiretap Proposal Raises Cybersecurity Risks, Experts Say

    Nearly two dozen computer security experts on Friday criticized an FBI proposal that would force service providers such as Google Inc. and Facebook Inc. to build surveillance backdoors into their products, saying the mandate would open up major security holes that could be exploited by hackers.

  • May 17, 2013

    T. Boone Pickens Cleared To Sue Son For Tell-All Blog

    A Texas state judge on Friday ruled energy magnate T. Boone Pickens can proceed with a defamation and invasion of privacy suit against his son for a tell-all family blog, denying a motion to dismiss the case under a state statute protecting free speech.

  • May 17, 2013

    MetroPCS Ditches Challenge To FCC Net Neutrality Regs

    MetroPCS Communications Inc., which recently merged with T-Mobile USA Inc., has dropped its challenge in the D.C. Circuit to the Federal Communications Commission's net neutrality rules preventing Internet service providers from blocking or discriminating against legitimate websites, T-Mobile confirmed Friday.

  • May 17, 2013

    Congress Should Lead On Drone Privacy, Lawmakers Told

    A panel of privacy experts pushed House lawmakers on Friday to craft legislation to limit the use of domestic drones and other surveillance technology used by the public and private sectors, saying that it would be unwise to wait for the U.S. Supreme Court to set standards.

  • May 17, 2013

    Papa John's Will Deliver $16.5M To End TCPA Claims

    Papa John's International Inc. has agreed to pay $16.5 million to resolve a nationwide class action alleging it advertised pizzas through unwanted text messages in violation of the Telephone Consumer Protection Act, according to a Friday filing in Seattle.

  • May 17, 2013

    GSA, DOD Solicit Advice On Revamping Cybersecurity

    The U.S. General Services Administration and Department of Defense are seeking advice regarding cybersecurity standards involved in government contracts, requesting that vendors weigh in on current measures and the potential pitfalls of implementing new ones as part of a national push to revamp cybersecurity.

  • May 17, 2013

    House Reps. Push Google To Address Glass Privacy Concerns

    Eight members of the Bipartisan Congressional Privacy Caucus on Thursday pressed Google Inc. to detail how its upcoming Google Glass product would collect and store personal information on both users and nonusers, citing concerns over the potential misuse of data covertly gathered by the voice-activated glasses.

  • May 17, 2013

    Wyndham, Hotel Callers End Suit Over Phone Recordings

    A California federal judge on Wednesday signed off on the dismissal of two proposed class actions alleging Wyndham International Inc. illegally recorded phone calls to a toll-free hotel reservation number without telling callers, after the parties had requested that the case be dismissed.

  • May 17, 2013

    Marketing Calls For Johnny Knoxville Film Draw TCPA Suit

    A California man on Thursday brought a putative class action against two film industry-connected research companies for using an automated dialing system to contact him about a screening for a new comedy from actor Johnny Knoxville, in violation of the Telephone Consumer Protection Act.

  • May 17, 2013

    Drinker Biddle Snags E-Discovery Duo From Williams Mullen

    Drinker Biddle & Reath LLP said that it has recently added two former Williams Mullen partners to chair its information governance and electronic discovery practice in Washington, D.C.

Expert Analysis

  • Law Firms Must Devote More Resources To Data Security

    Daniel Garrie

    Law firms have long been the vault for personal and corporate confidences, but the increasing number of data breaches should leave clients questioning the strength and security of their law firm's "data protection vault." Firms often do not invest in the technology, people and cultural awareness necessary to provide strong security, says Daniel Garrie of Law & Forensics LLC.

  • How To Incorporate Information Security Into Contracts

    Armand Zottola

    Information security has rapidly become a hot-button issue in this age of growing economic espionage. Private sector businesses should ensure that their agreements contain terms that effectively control access to and use and disclosure of their confidential intellectual property assets and, separately, the personally identifiable information they store or otherwise retain, say A.J. Zottola and Robert Parr of Venable LLP.

  • Challenges In Conducting Breach Investigations: Part 2

    Kim Peretti

    Companies that experience breaches involving payment cards are subject to a set of industry rules that dictate the response that must be taken by the compromised entity and limit the role of the victim company in this response. But this response may not include all of the activities necessary to investigate, assess and address the broader impact of the breach to the enterprise, says Kimberly Peretti of Alston & Bird LLP.

  • 3 Ways To Leverage Internet Access During Trial

    William C. O'Neil

    A survey of local rules for courthouses with available Wi-Fi has shown that no courts expressly prohibit the use of Internet by lawyers to gain information about the venire. Interestingly, at least one appellate court has held that it was error not to allow counsel to access the Internet during jury selection, say Derek Sarafa and William O'Neil of Winston & Strawn LLP.

  • What You Should Know About Calif.'s Right To Know Act

    Katherine Ritchey

    California’s Right to Know Act of 2013 — the first legislation of its kind in the U.S. that applies the broader European type of transparency — permits an individual to obtain full disclosure upon request of personal information held by a company about the individual. The act may create significant compliance implications and litigation risks for businesses throughout the country, say Katherine Ritchey and Mauricio Paez of Jones Day.

  • Spending Bill's China Cybersecurity Provision Is Unclear

    Harriet Pearson

    The vague language of the China cyber-espionage provision in the continuing resolution to fund federal agencies through the rest of the fiscal year might be problematic because it could potentially apply to any part of a company’s supply chain. The provision also raises potentially significant international trade issues, say attorneys with Hogan Lovells LLP.

  • A Potential Circuit Split On Key Privacy Law

    Tony Lupo

    Companies whose businesses involve the collection or use of consumers’ personal information should keep an eye on the Seventh Circuit, which may be poised to trigger U.S. Supreme Court review of Edwards v. First American Corp. — an important Ninth Circuit decision favoring privacy advocates, say Anthony Lupo and Karen Ellis Carr of Arent Fox LLP.

  • 5 Tips For Staying Ahead Of Mobile Privacy Enforcement

    Dominique Shelton

    Mobile marketing is one of the important privacy trends for companies to pay attention to this year. There are five ways companies that are interested in implementing compliance programs can stay out of regulatory enforcement or class actions, say attorneys with Edwards Wildman Palmer LLP.

  • How To Mitigate The IP Risks Of Data Breaches

    Andy Blair

    While many organizations maintain data breach incident response plans designed to meet regulatory and contractual requirements, few consider the intellectual property implications of breaches. An IP incident response plan can help preserve legal rights and protect IP from being swept away in the rising tide of data breaches, say Carol Anne Been and Andy Blair of Dentons.

  • 8 Steps To Enforceable Terms Of Use On Mobile Devices

    Gary Miller

    Cases addressing the enforceability of website terms of use accessed on desktop computers suggest ways companies can maximize the chance that their terms of use will be enforced with consumers using mobile devices, say Gary Miller and Dan Hinkle of Grippo & Elden LLC.