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Sneaking into the Data Business

If you are not paying for a service on the Internet, you are the product being sold to paying customers. But if you are paying for the service, can you be the product too? Of course....more

New Privacy Paradigm Time

Why don’t our new privacy laws really protect our privacy?  Are we going about this the wrong way? The topic was raised in the recent Capital Forum of state and federal enforcement agencies by FTC Chair Lena Kahn, who...more

To Sleep, Perchance To Dream of Coors Beer and Halo 2

We have all heard of targeted advertising, but what about advertising that targets your dreams. US companies have begun programs to insert their products into your sleep cycle - to set the agenda of your dreams....more

Synthetic Data May Be The Solution to AI Privacy Concerns

AI is hungry for data. Training and testing the machine-learning tools to perform desired tasks consumes huge lakes of data. More data often means better AI....more

The Wu Khan Clan Enters the Battle Arena

Columbia University Law Professor Tim Wu has written profoundly and persuasively for decades about anti-competitive behavior in the U.S. tech industry - from Western Union’s telegraph monopoly in the 1860s forward toward the...more

Regulation of Dark Patterns Protects Consumers on the Web

When I was in college, I attended an old fashioned tent revival show. My roommate was taking a comparative religion class and I accompanied him to a number of spiritually-focused events outside the frame of most college...more

The Worm Turns on Big Tech, New Types of American Threats

I have written recently about the crashing tsunami of change in legal attitudes toward the largest U.S. data, technology and internet companies, especially in the antitrust realm. As we consider whether GAFA critic Tim Wu...more

U.S Senate Takes Aim at Big Tech

Hard on the heels of the muckle of anti-trust filings against the huge U.S. technology companies in the past few months, the United States Senate indicates that clamping down on Big Tech will be a priority for the new...more

Silicon Valley Anti-Trust Review: Scorecard and Coming Attractions

Tim Wu, the bard of big tech, has written multiple books about the rise and coming fall of technology monopolies, oligopolies, and empires. In The Master Switch, Wu tells the story of how, in the 19th Century, the existing...more

Zoom Settles with the FTC on Video Surveillance and Encryption Overstatement

The Federal Trade Commission (“FTC”) conducted an investigation into Zoom Video Communications, Inc.’s (“Zoom”) privacy and security practices and announced a settlement agreement on November 9, 2020. As a part of the...more

Privacy Shield: If You Got It – Flaunt It; If Not – Don’t

One of the EU’s chief complaints against US privacy practices is the lack of enforcement of the EU-U.S. Privacy Shield Framework (Privacy Shield). Last week we saw a US enforcement action that may allay this concern. The US...more

Tracking Your Every Move: Investigation Finds Telecom Giants Sold Customer GPS Data

Who can track your location through your smartphone? The phone companies have the ability to do so, and until recently, have been selling your location data to private companies so that bounty hunters and creditors could...more

ICO Warns Prominent US Company to Change Business Model: Paid Subscription versus FREE with Ads

A European privacy regulator has spoken on a key facet in its General Data Protection Regulation (GDPR) interpretation. The UK’s enforcement office apparently believes that an EU data subject cannot give consent to a...more

LabMD Ruling Heralds a New Era in Data Security Regulation

Companies have a responsibility to protect the sensitive employee and consumer data they hold, but we do not know how much of their revenues must be spent on this effort before it is considered enough. We do not know what...more

Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings

A consumer’s television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can’t sense them at all. These signals are telling retailers about their customer’s...more

Cross-Device Tracking: Time to Reevaluate Privacy Policies

U.S companies are expected to explain how consumers are being tracked across devices, so that the company knows a consumer accessing its website from smartphone, tablet, television, laptop or other devices. Until now, U.S....more

FTC Files to Protect Consumers’ Security in the Internet of Things

As more consumer devices connect to the Internet, regulators take a more aggressive stance requiring security promises be met. On January 5, 2017, the FTC filed a complaint against computer networking equipment...more

FTC Provides Nonbinding Materials to Help Businesses Defend Against and Respond to Data Breaches

On October 25, 2016, the Federal Trade Commission (FTC) released its nonbinding “Data Breach Response” guide with an accompanying blog post and video, all directed to help businesses prepare a data breach response plan. The...more

Dead Before the Ink is Dry? EU Approves Privacy Shield Text

After months of uncertainty, the U.S. again has a framework of rules to follow that will govern U.S. business’ use of EU residents’ data. The European Commission approved the text of the EU-U.S. Privacy Shield (the “Privacy...more

Data Transfer Without Safe Harbors

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

US and EU Reach a Deal to Save Safe Harbor

United States and European Union officials have reached a last-minute agreement in an attempt to salvage the US-EU Data Transfer Safe Harbor, nearly four months after the European Court of Justice issued an opinion...more

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