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Category Archives: Privacy

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The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

Posted in FTC, Internet of Things, Privacy

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the same consumers across their various devices. Such “cross-device” tracking enables companies to target ads to the same consumer regardless of the platform, device, or application being used…. Continue Reading

Five Vital Questions on the Implications of UK Law on Social Media

Posted in Employment Law, Online Promotions, Privacy

Chevy Kelly, a partner in the UK-based Social Media Leadership Forum, recently sat down with Socially Aware’s own Sue McLean, a Social Media Leadership Forum member, to discuss the legal implications of UK companies’ use of social media as part of their marketing strategies. Chevy Kelly: In your opinion, what are the top three legal risks… Continue Reading

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Posted in Privacy, Terms of Use

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of data from public websites using bots. A recent case in the European Court of Justice has… Continue Reading

Social Media 2015: Addressing Corporate Risks

Posted in Event, FTC, Privacy, Terms of Use

Social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s risk at Practicing Law Institute’s (PLI) 2015 Social Media conference, chaired by Socially Aware editor John Delaney. This year’s program features speakers from American Express, BuzzFeed, Dell, and Foursquare. There will also be a “Meet the Regulators”… Continue Reading

Social Media 2015: Addressing Corporate Risks

Posted in Employment Law, Event, Online Promotions, Privacy

Please join Socially Aware editor John Delaney as he chairs Practising Law Institute’s (PLI) “Social Media 2015: Addressing Corporate Risks.” Issues to be addressed at the conference include: Friending, Tagging and Tweeting: Social Media Overview User-Generated Content: Liability Concerns and Safe Harbors Social Media in the Workplace: Emerging Issues Social Media, Mobile Apps and the Emerging Regulatory Landscape Hot… Continue Reading

Looking Ahead in 2015: Obama Announces Push for Privacy Legislation in Final Term

Posted in Privacy

President Obama provided a preview of his State of the Union address next week which will propose comprehensive data privacy legislation, including a nationwide data-breach notification law, a Consumer Privacy Bill of Rights, and limitations on the use of student data. The announcement comes at a pivotal time for privacy in the wake of the… Continue Reading

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

Posted in Copyright, Infographic, Internet of Things, Litigation, Privacy, Terms of Use

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 look at several topics surrounding the proverbial online thumbs up, including the emerging legal status of Facebook likes and similar social media constructs; Facebook’s recent prohibition of the popular… Continue Reading

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

Posted in FTC, Internet of Things, Litigation, Privacy, Statistics, Terms of Use

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 discuss an important Ninth Circuit decision refusing to enforce an arbitration clause in a website “terms of use” agreement; we examine “Operation Full Disclosure,”… Continue Reading

New California Privacy Law Revisions Will Impact Website and Mobile App Operators With Users Under Age 18

Posted in Privacy

Last year, California made child-related revisions to its Online Privacy Protection Act that have ramifications even for websites and other online services that are not directed to children.  The revision, “Privacy Rights for California Minors in the Digital World,” imposes obligations on any website, application, or other online service that (1) is directed to minors—that… Continue Reading

Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud

Posted in Cloud Computing, Privacy

For many companies, the main question about cloud computing is no longer whether to move their data to the “cloud,” but how they can accomplish this transition. Cloud (or Internet-based on-demand) computing involves a shift away from reliance on a company’s own local computing resources, in favor of greater reliance on shared servers and data… Continue Reading

Entangled in the Web of Things. By Finding New Uses for Data, the Internet of Things Heralds a Host of Challenges.

Posted in Privacy

From our sister blog, MoFo Tech: Within a decade, analysts say, the “Internet of Things” will have transformed our lives. Billions of Internet-connected devices will monitor our homes, businesses, cars, and even our bodies, using the data to manage everything from appliances to heart monitors. Companies like Google— which recently paid $3.2 billion for smart-thermostat company… Continue Reading

Breaking Old Ground: California Again Amends Data Security Breach Law

Posted in Privacy

Not to be outdone by Florida, California has yet again amended its data security breach law and again in groundbreaking (yet confusing) fashion. On September 30, 2014, California Governor Brown signed into law a bill (“AB 1710”) that appears to impose the country’s first requirement to provide free identity theft protection services to consumers in… Continue Reading

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

Posted in DMCA, FDA Regulations, Litigation, Privacy, Statistics, Supreme Court, 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 examine the use of the Computer Fraud and Abuse Act to combat web scraping; we explore the launch of Google Glass in the UK… Continue Reading

Picture This: Online Photos and Big Data

Posted in Privacy

As the quality of visual recognition software continues to improve, privacy concerns have grown concomitantly. Because we now document our lives with so many pictures posted to social media—Facebook hosts over 250 billion photos, with 350 million new photos added every day—photographs are becoming hugely important to the big data movement. Indeed, some say Facebook… Continue Reading

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

Posted in Litigation, Privacy

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in 2013. Websites targeted by scrapers may incur damages resulting from, among other things, increased bandwidth usage, network crashes, the need to employ… Continue Reading

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

Posted in FTC, IP, Litigation, Privacy, Terms of Use, UK High Court

The latest issue of our Socially Aware newsletter is now available here. Welcome to a special privacy issue of Socially Aware, focusing on recent privacy law developments relating to social media and the Internet. In this issue, we analyze a controversial European ruling that strengthens the right to be forgotten; we examine a recent California… Continue Reading

“Do You Want to Know a Secret?” The Risks Posed by Anonymous Social Apps

Posted in Privacy

First we had social media platforms, but recently a variety of “anti-social” media platforms have emerged—well, anti-social in a sense. For years, social media platforms have encouraged (or even, in some cases, required) us to use our real identities, with the aim of building friendships and networks in the online world. But these new social… Continue Reading

California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered

Posted in Privacy

California Attorney General Kamala Harris released a long-awaited report entitled Making Your Privacy Practices Public (Report) on May 21, 2014. The Report recommends “best practices” for compliance with the California Online Privacy Protection Act (CalOPPA). It was originally intended to answer critical questions about exactly what website, online service, and mobile application operators (collectively, “site… Continue Reading

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

Posted in Copyright, FTC, Internet of Things, IP, Litigation, Privacy, SEC, Supreme Court, Terms of Use

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 analyze a groundbreaking FTC complaint alleging deceptive practices online that could turn website Terms of Use into federal law; we summarize a U.S. Supreme… Continue Reading

French Consumer Association Takes on Internet Giants

Posted in Litigation, Privacy

Earlier this year, the French consumer association UFC-Que Choisir initiated proceedings before the Paris District Court against Google Inc., Facebook Inc. and Twitter Inc., accusing these companies of using confusing and unlawful online privacy policies and terms of use agreements in the French versions of their social media platforms; in particular, the consumer association argued… Continue Reading

European Court of Justice Strengthens Right to Be Forgotten

Posted in Litigation, Privacy

The European Court of Justice (ECJ) issued a quite surprising decision against Google which has significant implications for global companies. On May 13, 2014 the ECJ issued a ruling which did not follow the rationale or the conclusions of its Advocate General, but instead sided with the Spanish data protection authority (DPA) and found that:… Continue Reading