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COPPA’s Covert War on Child-Directed Apps
The Children’s Online Privacy Protection Act (“COPPA”) limits the online collection of personal information about individuals under 13 years of age. Earlier this month, the Federal Trade Commission...
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Self-Policing Mobile Behavioral Advertising — The Only Viable Option?
Recently, there has been increasing pressure from elected officials, regulatory agencies, consumers and industry groups to establish formal guidelines regulating behavioral advertising on mobile...
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Diverse Groups File Constitutional, Statutory Challenge to NSA PRISM...
Much has been said recently in the media and elsewhere about “PRISM,” the program whereby the US government has allegedly collected information about virtually all telephone calls in the US since...
View ArticleCOPPA Compliance – Flags to the Rescue?
Several weeks ago I wrote about the Federal Trade Commission’s updated Children’s Online Privacy Protection Act (“COPPA”) Guidelines and potential unintended consequences with respect to the app...
View ArticleVideo Interview: Discussing the Legal Challenge to PRISM with LXBN TV
Following up on our recent analysis of a legal challenge brought against the National Security Agency over its PRISM program, I had the opportunity to speak with Colin O’Keefe of LXBN with regard to...
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Should You Give Apple the Finger?
Apple released its annual iPhone upgrade, the 5S, today. Its most notable new feature is a fingerprint scanner built into the “home” button. Once the scanner “learns” a user’s fingerprint, that user...
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Thought Experiments about Internet Privacy Law (Part 1)
A law review article entitled “The Next Generation Communications Privacy Act” was written by Professor Orin S. Kerr, the Fred C. Stevenson Research Professor at George Washington University and a...
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FCC’s Cellphone Ruling Will Have Broad Impact
You may have heard that on June 27, 2013, the Federal Communications Commission issued a declaratory ruling in an effort to expand protection of cellphone data from privacy and security risks. While...
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Thought Experiments about Internet Privacy Law (Part 2)
In a previous post we discussed an upcoming law review article, “The Next Generation Communications Privacy Act,” by Professor Orin S. Kerr who recommends we engage in a thought experiment about...
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Thought Experiments about Internet Privacy Law (Part 3)
In our first post we expressed interest in the concept of a thought experiment on Internet privacy law discussed in the law review article, “The Next Generation Communications Privacy Act,” by...
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Bitcoins: A Primer
Bitcoin is the world’s largest digital currency. Introduced in 2009, it is controlled by a software program that was designed by a person or group operating under the pseudonym Satoshi Nakamoto, which...
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Thought Experiments about Internet Privacy Law (Part 4)
In this series, we conduct a thought experiment on Internet privacy law inspired by a law review article written by Professor Orin S. Kerr, titled “The Next Generation Communications Privacy Act.” The...
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Bitcoin: Staying on the Right Side of the Law
Recently, Charlie Shrem, a well-known Bitcoin advocate and entrepreneur, was arrested and charged with conspiracy to commit money laundering and operating an unlicensed money transmitting business....
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BitLicense: The Death of Pseudonymity?
Last week, the New York State Department of Financial Services (NY-DFS) released its highly anticipated proposed BitLicense regulatory framework which addresses many of the problems that have plagued...
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Prosecution of Retail Spyware App Publisher Raises Questions
On October 7, 2014, federal prosecutors in Virginia charged Hammad Akbar with manufacturing, advertising, and selling to retail customers a mobile phone spyware application called “StealthGenie.[1] In...
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FCC Seeks To Become A Cybersecurity Enforcer With A $10 Million Sword
Last Friday, the FCC released a Notice of Apparent Liability for Forfeiture (“Notice”) ordering TerraCom, Inc. and YourTel America, Inc. to pay a $10 million forfeiture for the companies’ failure to...
View ArticleUpdate–Software as Crime: Federal Prosecutors Determine that Software Can...
In a prior post we noted a subtle but potentially far-reaching development in how federal prosecutors interpret the Electronic Communications Privacy Act. In that post we discussed the prosecution of...
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Cybersecurity: Some Holiday Cheer for the Service and Retail Industry
Last week, from Chicago came a little bit of holiday cheer and good tidings for P.F. Chang’s China Bistro when the District Court dismissed two class action complaints arising out of a data breach. The...
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Target Can’t Escape Cybersecurity Breach Litigation
Last week a United States District Court in Minnesota issued its second order this month thwarting Target’s efforts to dismiss litigation spawned by what has been reported to be the largest retail hack...
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