Tag Archives: Tracking

InMobi to Pay $950,000 to Settle FTC Charges that it Secretly Tracked Phone Users

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The Federal Trade Commission (“FTC”) announced that InMobi, a Singapore-based mobile advertising company whose products are used by many Android and iOS app makers to deliver advertisements to consumers, will pay $950,000 in civil penalties and implement a comprehensive privacy program to settle FTC charges for deceptively tracking the locations of hundreds of millions of consumers, including children, without their knowledge or consent to serve them geo-targeted advertising. The FTC alleges that InMobi represented that its advertising software would only collect consumer’s geo-location [...] Read more

Alston & Bird Privacy Program: Thinking Outside the Cookie Jar

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On April 29, Alston & Bird’s Los Angeles office hosted a Privacy Program on Mobile Behavioral Tracking. Dominique Shelton of Alston & Bird moderated a panel that consisted of Alston & Bird attorneys Peter Swire and David Keating and industry professionals from the Office of the Attorney General, California Department of Justice, Ghostery Inc. and Manatt, Phelps & Phillips, LLP.  The panelists discussed new tools, opportunities & risks of mobile behavioral tracking, and text messaging campaign. The discussion included the benefits, and regulatory and litigation risks of using [...] Read more

Alston & Bird Welcomes Peter Swire

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Alston & Bird is pleased to announce that Peter Swire has joined the firm's Privacy and Security practice as Senior Counsel. Peter was President Clinton’s Chief Counselor for Privacy in the U.S. Office of Management and Budget. He also served as one of five members of President Obama’s Review Group on Intelligence and Communications Technology, formed in the wake of Edward Snowden’s revelations regarding surveillance activities by the U.S. National Security Agency. Peter has long been a thought and action leader in the privacy and security space. During his time in the Clinton administration, [...] Read more

A+B Privacy Team Provides Analysis of California AG Privacy Report: New Best Practices Guidance Applies to all Businesses Collecting Personal Information from California Residents

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In follow up to our previous blog, California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies, regarding the release of the AG’s report, please see our recently released client advisory providing a detailed analysis of the new privacy guidance: California Attorney General Kamala Harris Releases Long-Anticipated Guidance Regarding Privacy Policy Notices . As conceived, the Report is designed to apply to all businesses, regardless of the country or state in which they operate, based on the [...] Read more

David Keating Quoted by The Associated Press

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David Keating, partner in the firm’s Technology and Privacy Group and co-leader of the firm’s Privacy & Data Security practice, was quoted in an article by The Associated Press titled “Europe’s Move to Rein in Google Would Stall in U.S.” The article discusses a recent European Court of Justice ruling that some read to establish a “right to be forgotten” on the Internet. “There will be serious technological challenges,” Keating said. “It seems aspirational, not a reality, to comply with such a standard,” he [...] Read more

California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies

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Today, California Attorney General Kamala Harris released her long-anticipated guidance on privacy policies for companies collecting information from California residents in a report entitled Making Your Privacy Practices Public (the “Report”). While the Report exceeds existing law in many respects, affected companies should take heed to review the report and be familiar with its contents as it sets forth a blue print for how the CA AG’s office views “best practices” in connection with privacy policy drafting in the areas of “Big Data,” behavioral tracking, data security, and the [...] Read more

Privacy, Innovation and Big Data Forum Hosted by Alston & Bird

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On March 25, Alston & Bird hosted a forum titled, “Privacy, Innovation and Big Data: What Does the Future Hold.” David Keating, Partner and Co-Chair of the Firm’s Privacy and Security Practice, hosted a panel discussion that included Peter Swire, Nancy J. and Lawrence P. Huang Professor, Scheller College of Business, Georgia Institute of Technology, Jerry Jones, Chief Ethics and Legal Officer at Acxiom, Cindy Liebes, Federal Trade Commission Southeast Region, and constitutional lawyer Gerald R. Weber. Click here to view a video of the event. Written by Privacy & [...] Read more

Northern District of California to Decide in the In re Hulu Privacy Litigation Whether Disclosing Anonymized Data to a Web Analytics Company and Use of the Facebook “Like” Button Violate the Video Privacy Protection Act

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Any company that has a website that (a) contains videos, (b) uses a third-party analytics company to maintain metrics on page views and/or (c) allows users to “like” videos on the site should pay very close attention to the In re Hulu Privacy Litigation pending in the United States District Court of Northern California. In that case, the plaintiffs are seeking statutory damages of $2,500 per violation for alleged video sharing in violation of the Video Privacy Protection Act (VPPA). As there are millions of views per day on the Hulu site, the alleged statutory damages could represent [...] Read more

2013 Ends with a Bang – Northern District of California Court Denies Hulu’s Summary Judgment Motion in Video Tracking Case

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Many companies host videos on their websites or via mobile apps. They often use analytic companies/vendors to help them track whether the videos are in fact viewed and other information about site usage. This is precisely the issue at the core of the case titled In re Hulu Privacy Litigation, pending in the Northern District of California. In a December 20, 2013 decision, the Northern District of California held that under the Video Privacy Protection Act (“VPPA”), plaintiffs have no obligation to provide evidence of injury above and beyond the statutory violation of alleged knowing [...] Read more

New York Court Upholds Constitutionality of NSA Metadata Collection

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On December 27, ruling in American Civil Liberties Union v Clapper, No. 13 Civ. 9334 (S.D.N.Y. Dec. 27, 2013), federal district Judge William H. Pauley III granted the government’s motion to dismiss a complaint brought by the ACLU challenging the constitutionality of the NSA’s bulk collection of telephone metadata. Telephone metadata consists of the record maintained by a phone company of “when, and to what telephone number [a] call was placed, and how long it lasted.” The ACLU filed its complaint following the leaks by former NSA contractor Edward Snowden and the public [...] Read more