Privacy & Data Security

For now, online retailers can rest assured that they are not liable under California’s Song-Beverly Credit Card Act if they require customers to enter their addresses or phone numbers in order to complete downloadable online purchases.  On February 4, 2013, the California Supreme Court held in Apple Inc. v. Superior Court (Krescent) that the Credit

Just in time for Christmas, the Federal Trade Commission (“FTC”) has unveiled its long-anticipated update to the Children’s Online Privacy Protection Rule (“COPPA Rule”).  The COPPA Rule, which has been in place since 1999, imposes a variety of privacy requirements on “operators” of websites and online services that are “directed to children” under

The children were nestled all snug in their beds, while visions of Angry Birds® danc’d in their heads,

And Mama with her iPad®, and I with my Nook®, just stared at the screens, all chatting forsook…

No one can deny the prominent role electronic devices play in our daily lives, and children, unsurprisingly, have jumped

Carrying out a plan announced earlier this year, the Federal Trade Commission (“FTC”) convened a day-long public workshop on “The Big Picture: Comprehensive Online Data Collection” on December 6, 2012.  The workshop was intended to examine the practices and privacy implications of “comprehensive” data collection about consumers’ online activities.  Data collection capabilities of entities like

The Federal Trade Commission (“FTC”) has released a new set of proposed amendments in its ongoing review of its Children’s Online Privacy Protection Act (“COPPA”) regulations. These amendments would alter key definitions in the COPPA regulations, modifying the FTC’s original proposal from September 2011. If finalized, the FTC’s proposals to date will significantly change who

Yesterday, the FTC convened a day-long public workshop to discuss updating its “Dot Com Disclosures” guidance on presenting online advertising disclosures. The FTC is considering whether it should overhaul this guidance, which dates to 2000, to address current trends such as social media and mobile advertising. The workshop also included a panel devoted to mobile

Underage sexting and texting while driving aren’t the only text-related legal battles that are being fought out there. Text messaging by advertisers to consumers is also highly regulated. Companies should only send text messages to those consumers who have given their prior express consent to such text messages (pursuant to a recent FCC order such

The Federal Trade Commission (“Commission” or “FTC”) released the much-anticipated final version of its report entitled “Protecting Consumer Privacy in an Era of Rapid Change” (“Final Report”), which sets forth legislative recommendations for policymakers concerning privacy and data security and best practices for business for addressing online and offline privacy concerns.  While not