On Friday, May 9 the Department of Justice (DOJ) released a white paper stating that under its interpretation of the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., communications companies are permitted to disclose “non-content information to the government” as long as that information is in its “aggregate form.” The lynchpin of the DOJ’s […]
Federal Trade Commission (FTC)
American Apparel Settles FTC Charge on Falsely Claiming Compliance with Safe Harbor Privacy Framework
On May 9, 2014, the Federal Trade Commission (the “FTC”) announced that American Apparel, Inc. (“American Apparel”) agreed to settle FTC charges that American Apparel falsely claimed it was compliant with the U.S.-European Union Safe Harbor (the “US-EU Safe Harbor Framework”). The FTC’s complaint alleged that American Apparel, a clothing manufacturer and retailer with more than 200 […]
Mobile Apps in the Spotlight during Upcoming GPEN International Privacy Sweep
On May 6, the Office of the Privacy Commissioner of Canada (the “Commissioner”) announced mobile apps as the Global Privacy Enforcement Network’s (“GPEN’s”) focus area during the upcoming International Privacy Sweep (the “Sweep”). The Sweep will be held from May 12 to 18, 2014, involving 27 privacy enforcement authorities from around the world. The news […]
LabMD Wins Discovery Disputes Against FTC; FTC Compelled to Disclose Data Security Standards
In the latest chapter of the ongoing battle between the FTC and LabMD, Inc. (“LabMD”) about the FTC’s claim that LabMD violated the FTC Act’s Section 5 bar on “unfair” acts or practices because of its allegedly inadequate data security practices, an administrative law judge overseeing the FTC’s administrative action against LabMD recently issued two […]
FTC Invites Public Comments on Mobile Security
On April 17, 2014, the Federal Trade Commission (“FTC”) issued a press release, announcing that the FTC is seeking public comments to explore mobile security issues. The press release refers to the mobile security forum held last year to examine the state of mobile security (the “Forum”). In the press release, the FTC invites comments from […]