A Farewell to the FCC Broadband Privacy Rules
On April 3, 2017, President Trump signed the bill repealing the Federal Communications Commission’s much-debated broadband privacy rules. The House of Representatives voted 215–205 to disapprove the rules, after a party-line Senate vote of 50–48. The result is that the FCC’s key rules governing internet service providers’ collection and use … Read More
The Trump Agenda for Cybersecurity and Privacy
The future of privacy and cybersecurity under President-elect Trump – with a Republican-controlled House and Senate – is far from certain, but his campaign comments indicate an emphasis on robust cybersecurity, perhaps with more openness to both offensive as well as defensive initiatives.
FTC Expounds on NIST Cybersecurity Framework; Invites Comment on GLBA Safeguards Rule
On August 31, 2016, the Federal Trade Commission published “The NIST Cybersecurity Framework and the FTC” on its blog. The post describes how, in many ways, the FTC’s enforcement actions are “aligned” with the NIST Cybersecurity Framework and that many of the Commission’s enforcement actions can be analyzed … Read More
FCC Adopts Notice of Proposed Rulemaking Regarding Privacy and Security Regulations for Internet Service Providers
On March 31, 2016, a sharply divided Federal Communications Commission adopted a notice of proposed rulemaking (NPRM), soliciting comments on draft privacy guidelines for broadband Internet services providers (ISPs). These proposed guidelines spring from the Commission’s reclassification of broadband ISPs as common carriers under Title II of the Communications Act, … Read More
Third Circuit Affirms FTC Authority to Regulate Cybersecurity
On Monday, the U.S. Court of Appeals for the Third Circuit issued its much-anticipated decision in Federal Trade Commission v. Wyndham Worldwide Corp., No. 14-3514 (3d Cir. Aug. 24, 2015), holding that the Federal Trade Commission has the authority to bring an action under Section 5 of the FTC … Read More
FCC Issues Far-Reaching TCPA Declaratory Ruling
An already active TCPA class action bar is sure to become even more active after a significant Declaratory Ruling and Order from the FCC that, among other points, broadened what technologies may be considered autodialers, gave further strength to class actions based on reassigned cell numbers, and muddied the waters … Read More
Federal Trade Commission Releases Guide for Businesses on Data Security
The Federal Trade Commission released “Start with Security: A Guide for Business” on June 30, 2015. The guide contains ten best practices for addressing issues of data security based on lessons learned from the FTC’s 53 data-security actions to date. Specifically, it identifies “vulnerabilities” that could affect businesses of all … Read More
Joint FTC and NJ AG Complaint and Settlement Against App Developer that Allegedly “Hijacked” and “Drained” Phone Resources
On June 29, the FTC and New Jersey Attorney General announced the filing of a joint complaint, and proposed, stipulated settlement, against an Ohio-based app developer, Equiliv Investments LLC and an individual officer of the company. The federal and state enforcement agencies alleged that Equiliv marketed a free app that … Read More