New proposals to protect consumer privacy in the U.S. seem to be appearing every day. There are now more than 90 privacy proposals that federal, state, and local regulators and policymakers are considering as privacy continues to dominate the news cycle. Hogan Lovells partners Mark Brennan and Nicola Fulford led a panel of industry stakeholders at the INCOMPAS Policy Summit … Continue Reading
Over the past few years, there has been a surge in class actions challenging companies’ privacy and data security practices. But, while the number of class actions continues to grow, the suits face several significant challenges, have afforded limited relief to individual consumers, and have provided no coherent privacy standards in the US By comparison, the primary government regulator, the … Continue Reading
Amid the ongoing discussion surrounding “net neutrality,” the FTC’s role in overseeing broadband Internet access service (BIAS) has received increasing scrutiny following the recent passage of the FCC’s Restoring Internet Freedom Order (“RIF Order”). Several recent developments indicate that, although the Federal Communications Commission (FCC) will continue to have a shared role in monitoring broadband markets, the Federal Trade Commissions … Continue Reading
The U.S. Federal Trade Commission has approved Sears Holdings Management Corporation’s request to amend the terms of Sears’ 2009 consent order (the “Order”) in a manner that helpfully clarifies the lead U.S. privacy regulator’s views of notice and consent in the marketplace for mobile applications (“mobile apps”). After reviewing Sears’ petition and public comments, the Commission agreed with Sears that, … Continue Reading
In the same week that the automotive industry gathers in Washington, D.C. for the 2018 Washington Auto Show, a cross-section of automotive stakeholders, government officials, and consumer and privacy advocates came together at Hogan Lovells’ Washington office to discuss privacy issues facing connected vehicles. The half-day conference, co-hosted by Hogan Lovells and the Future of Privacy Forum, convened on January … Continue Reading
Hogan Lovells has announced that Edith Ramirez, the former Chairwoman of the US Federal Trade Commission (FTC), has joined the firm as a partner and will play an active role in Hogan Lovells’ Privacy and Cybersecurity practice. She will also co-head the firm’s Antitrust, Competition and Economic Regulation (ACER) practice.
Ramirez will co-lead the global antitrust practice alongside Suyong … Continue Reading
How do you ensure that an Internet-connected sensor or device—often inexpensive and designed for lifespans of up to 20 years or more—can be secured against not only the intrusions of today but also those of the future? This question has taken on new urgency as low-cost Internet-connected devices are increasingly being co-opted into massive networks, known as “botnets,” that are … Continue Reading
Instagram recently rolled out a new feature to a select group of its users who use the social media platform for promotional purposes. This tool allows influential users to add a new subheading to posts that reads “Paid partnership with…” It is designed to help users clearly and conspicuously tag the brand that sponsors a post. The announcement comes just … Continue Reading
After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone sensors, the New York Attorney General (NY AG) settled claims against three developers alleged to have engaged in “misleading” marketing claims and “irresponsible” privacy practices. Mobile health apps … Continue Reading
The Federal Trade Commission (FTC) and National Highway Traffic Safety Administration (NHTSA) are co-hosting a workshop on June 28, 2017, to explore the privacy and security issues raised by automated and connected vehicle technologies. The agencies are looking to explore the types of data such technologies collect, store, transmit, and share; the potential benefits and challenges posed by the technologies; … Continue Reading
On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband … Continue Reading
As previously reported, on Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This is the second of two entries on the March 9th FinTech Forum. Today’s post focuses blockchain technologies. Coverage of the opening remarks and the AI discussion may … Continue Reading
On Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This was the FTC’s third forum on issues in FinTech. Previous FinTech Forums covered marketplace lending and crowdfunding and peer-to-peer payments.
In opening remarks, the FTC acknowledged the benefits of technological … Continue Reading
The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is growing at 10% per year within the G-20 group of nations. In the United States alone, one estimate found that companies exported nearly … Continue Reading
Late last year, President Obama signed into law the Consumer Review Fairness Act (“CRFA”). Intended to protect individuals who write unflattering online reviews of businesses, the CRFA voids contractual provisions in form contracts that: (1) prohibit non-disparagement; (2) impose liquidated damages or fines for posting disparaging reviews; or (3) exert control over the review through an assignment of intellectual property … Continue Reading
In June 2015, the Federal Trade Commission (FTC) held a workshop on The “Sharing” Economy: Issues Facing Platforms, Participants, and Regulators. The Commission also solicited public comments on the topic, receiving more than 2,000 comments in response. On 17 November, the Commission issued a report summarizing the issues explored in the workshop and the public comments. The report emphasized … Continue Reading
On November 2, 2016 the Federal Communication Commission’s (FCC) released its long-awaited – and much debated – Report and Order adopting privacy rules for Internet Service Providers (ISPs). In the Order, the FCC applied the Communications Act’s privacy requirements to broadband Internet access service (BIAS), which it called “the most significant communications technology of today.”
Several of the FCC requirements … Continue Reading
Close followers of the cases FTC v. Wyndham Worldwide Corp. and In the Matter of LabMD know that the litigation has prompted increased Congressional oversight of the Federal Trade Commission’s (FTC) data security enforcement practices. Prior to Wyndham and LabMD, Congressional debates on the FTC’s data security practices centered on whether the Commission should have additional tools to address … Continue Reading
The Federal Trade Commission (FTC) recently presented an analysis of how its approach to data security over the past two decades compares with the Framework for Improving Critical Infrastructure Cybersecurity (NIST Framework) issued in 2014 by the National Institute of Standards and Technology (NIST) and strongly endorsed by the White House.
Last week, a unanimous Ninth Circuit panel issued a significant decision that holds that common carriers are categorically exempt from Section 5 of the FTC Act—even for activities unrelated to common carriage. See AT&T Mobility LLC. v. Fed. Trade Comm’n, No. 15-16585, 2016 WL 4501685 (9th Cir. Aug. 29, 2016). This opinion has potentially far-reaching implications for the telecommunications … Continue Reading
On 29 August the FTC announced a request for public comment on the Standards for Safeguarding Consumer Information Rule (the Safeguards Rule). The FTC promulgated the Safeguards Rule in 2002, implementing Title V of the Gramm-Leach-Bliley Act (GLBA), which required federal agencies to establish standards for the administrative, technical, and physical safeguards employed by financial institutions for certain information. In … Continue Reading
A new report from the Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) highlights data protection gaps in the U.S. for health data from wearable devices, social media, and emerging technologies. The report, “Examining Oversight of the Privacy & Security of Health Data Collected by Entities Not Regulated by HIPAA… Continue Reading
Thank you to everyone who tuned into our webinar “Privacy Shield: What You Need to Know.”
In this complimentary webinar, Julie Brill, Tim Tobin, and Bret Cohen of Hogan Lovells’ Washington office, and Eduardo Ustaran of our London office explored:
- What do companies need to do to sign up to the Privacy Shield?
- How do companies demonstrate compliance with the
In a case that could have far-reaching implications for how companies are held liable for data security lapses, the FTC issued an order and opinion unanimously overturning its Chief Administrative Law Judge’s (ALJ) November 2015 dismissal of charges that LabMD’s allegedly lax data security measures were unfair practices under Section 5 of the FTC Act (see our coverage of the … Continue Reading