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Category Archives: Privacy

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Hot Off the Press: The April Issue of Our Socially Aware Newsletter Is Now Available

Posted in Copyright, Discovery, DMCA, E-Discovery, Employment Law, First Amendment, Litigation, Privacy, Wearable Computers

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we summarize the current status of various state laws restricting employer access to the personal social media accounts of applicants and employees; we explore how… Continue Reading

Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law?

Posted in Litigation, Privacy

The Federal Trade Commission’s (FTC) announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement action involving allegedly deceptive practices online. But hidden in the facts of Jerk’s alleged misbehavior is a potentially significant expansion… Continue Reading

The Internet of Things Part 2: The Old Problem Squared

Posted in Ethics, FTC, Internet of Things, IP, Privacy

Cisco estimates that 25 billion devices will be connected in the Internet of Things (IoT) by 2015, and 50 billion by 2020. Analyst firm IDC makes an even bolder prediction: 212 billion connected devices by 2020. This massive increase in connectedness will drive a wave of innovation and could generate up to $19 trillion in… Continue Reading

The Internet of Things Part 1: Brave New World

Posted in FTC, Internet of Things, Privacy

The Internet of Things (IoT) is the network of everyday physical objects that surround us and are increasingly being embedded with technology to enable those objects to collect and transmit data about their use and surroundings. TVs connected to the Internet and refrigerators connected to online delivery services are just the start of it. In… Continue Reading

Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations

Posted in Employment Law, Privacy

A 2013 CareerBuilder survey of hiring managers and human resource professionals reports that more than two in five companies use social networking sites to research job candidates. This interest in social networking does not end when the candidate is hired: to the contrary, companies are seeking to leverage the personal social media networks of their… Continue Reading

A Smart Wallet

Posted in Financial Institutions, FTC, Privacy

Another great post from our sister blog, MoFo Tech: The potential for mobile payments is huge. So are the potential legal and regulatory hurdles. Banks, retailers, and pundits are paying a lot of attention to mobile payments, which typically involve the use of smartphones and tablets to pay for purchases.  But a lack of mobile infrastructure… Continue Reading

German Court Rules Against Facebook’s “Friend Finder”

Posted in Litigation, Privacy

On January 24, 2014, in a case filed against Facebook by German consumer protection association VZBV, the Berlin Court of Appeal (“Court”) upheld a lower court ruling that Facebook’s “Friend Finder” function is unlawful. The Court agreed with the Berlin Regional Court’s 2012 decision that the Friend Finder function violates both German data protection law… Continue Reading

Social Media 2014: Addressing Corporate Risks

Posted in Employment Law, Event, IP, Online Promotions, Privacy

Please join Socially Aware editor John Delaney as he chairs Practising Law Institute’s (PLI) “Social Media 2014: Addressing Corporate Risks.” Issues to be addressed at the conference include: Social media: how it works, and why it is transforming the business world Drafting and updating social media policies User-generated content and related IP concerns Ensuring protection… Continue Reading

New Issue of the Socially Aware Newsletter Available

Posted in Employment Law, Financial Institutions, First Amendment, FTC, Privacy

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we summarize the FFIEC’s recently-issued final guidance on social media use by financial institutions; we report on a new NLRB decision holding that particularly egregious… Continue Reading

Keeping Privates Private: The Legal Landscape of Revenge Porn

Posted in Copyright, DMCA, First Amendment, Privacy

Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and connection-through-sharing to levels unparalleled at any point in history. With this new universe of limitless dissemination often comes the stripping… Continue Reading

Website Operators Await Final Guidance Regarding Compliance With California’s “Do-Not-Track” Disclosure Requirements

Posted in Privacy

Even with the publication of draft “best practices” by the California Attorney General (AG), website operators remain uncertain as to their obligations under the new do-not-track disclosure requirements of the state’s Online Privacy Protection Act (“CalOPPA”), which took effect on January 1, 2014. The new provisions require privacy policy disclosures with respect to:  (1) a… Continue Reading

Hot Off the Press – New Issue of the Socially Aware Newsletter

Posted in FTC, Litigation, Online Promotions, Privacy, Wearable Computers

The latest issue of our Socially Aware newsletter is now available here. In this issue, we explore legal concerns raised by Google Glass; we provide an overview of the growing body of case law addressing ownership of business-related social media accounts; we take a look at two circuit court decisions addressing the interplay between social media… Continue Reading

Data Protection Masterclass Webinar: Spotlight on Social Media Marketing and Policies

Posted in Employment Law, Event, Online Promotions, Privacy

Our global privacy + data security group’s Data Protection Masterclass Webinar series is turning the spotlight on social media marketing and policies in January. Please join Socially Aware contributors Christine Lyon and Karin Retzer, along with Ann Bevitt in our London office for a webinar that will examine the laws and regulations in the United… Continue Reading

German Court Finds 25 Provisions in Google’s Online Terms of Use and Privacy Policy to Be Unenforceable

Posted in Privacy, Terms of Use

In November 2013, the Berlin District Court ruled that all of the 25 provisions in Google’s online terms of use and privacy policy that had been challenged by the German Federation of Consumer Associations (VZBV) are unenforceable.  In reaching its decision, the court found that German law applies to terms of use and privacy policies… Continue Reading

FTC Expands Reach on Conspicuousness of Privacy Disclosures in Settlement with Android Flashlight App

Posted in FTC, Privacy

An FTC settlement with a mobile app over its privacy disclosures alleged to be deceptive may seem to be run-of-the-mill.  After all, the FTC has been settling cases for years with companies whose data collection and use practices are allegedly not consistent with the representations those companies make in their privacy policies. But the FTC’s… Continue Reading

Two Circuits Address the First Amendment Status of Facebook Activity

Posted in Employment Law, Litigation, Privacy, Supreme Court

Two recent U.S. appellate court decisions have clarified the extent to which the First Amendment protects the social media activities of government employees.  In Gresham v. City of Atlanta, the Court of Appeals for the Eleventh Circuit found that an individual’s First Amendment interest in posting to Facebook is reduced when he or she configures… Continue Reading

Mobile Apps: No Surprises, Please

Posted in FTC, Privacy

From our sister blog, MoFo Tech: Widely applicable rules regarding consumer privacy disclosures in our increasingly mobile world are only now emerging. Government agencies, individual states, and professional associations are all weighing in on how mobile app developers should disclose how they collect, store, use, and protect the wide range of highly personal data being… Continue Reading

Telemarketing? Try Tweeting

Posted in FCC, Privacy

From our sister blog, MoFo Tech:  The FCC’s revised rules for telemarketers and text marketers, which took effect on October 16, 2013, could signal a big shift in how companies direct market, posits Julie O’Neill, a Morrison & Foerster attorney specializing in privacy issues.  One section prohibits the use of an autodialer to call or… Continue Reading

Collaborative Consumption – Is It Good to Share?

Posted in Employment Law, FTC, Privacy

Peer-to-peer (“P2P”) business models based on the Internet and technology platforms have become increasingly innovative.  As such models have proliferated, they frequently result in clashes with regulators or established market competitors using existing laws as a defensive tactic.  The legal battles that result illustrate the need for proactive planning and consideration of the likely legal… Continue Reading

A Warning for Websites Allowing Data Collection for Online Behavioral Advertising

Posted in Privacy

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (“the Accountability Program”) issued its first ever compliance warning on October 14, a move that is intended to clarify the obligations of websites where data are gathered for Online Behavioral Advertising (“OBA”) purposes.  The result is that operators of such websites are now expected to ensure… Continue Reading

Peering Into the Future: Google Glass and the Law

Posted in Privacy, Wearable Computers

Sign offered by Stop the Cyborgs to indicate a ‘no-Glass’ zone. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. What Is Google Glass? As most Socially Aware readers know, Google Glass (“Glass”) is a form of wearable technology that gives its users hands-free access to a variety of smartphone features by… Continue Reading

“Do Not Track” Comes to CalOPPA

Posted in Privacy

California’s AB 370, if signed by Gov. Jerry Brown, would be the first piece of legislation in the world directly addressing “do not track” (DNT) to become law. It has passed both houses of the California Legislature and would likely take effect in January. The bill, which would amend California’s existing Online Privacy Protection Act… Continue Reading

New Guidance From UK Privacy Regulator on Social Networking and Online Forums

Posted in Privacy

Businesses are increasingly using social networks and online forums for marketing, recruiting, customer service, branding and PR purposes. The UK privacy regulator, the Information Commissioner (ICO), has recently published new guidance on the use of social networking and online forums. This replaces its 2007 guidance on the subject and is a helpful reminder to companies… Continue Reading