FTC Proposes COPPA Rule Changes

On September 15, 2011, the Federal Trade Commission released proposed amendments to the Children’s Online Privacy Protection Rule (“COPPA Rule” or “Rule”).  These revisions follow the FTC’s review of the COPPA Rule, which resulted in numerous comments from various groups and individuals, as well as a public round table that took place on June 2, 2010.  The proposed amendments reflect the FTC’s commitment to “helping to create a safer, more secure online experience for children” in the face of rapid technological change.
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Article 29 Working Party Meets with Europe’s Online Advertising Industry to Discuss Self-Regulatory Framework

On September 14, 2011, the Article 29 Working Party (the “Working Party”) met with representatives of the European Advertising Standards Alliance (“EASA”) and IAB Europe, to discuss the industry’s new self-regulatory code of conduct for online behavioral advertising (the “Code”), which was released on April 14, 2011. Continue reading…

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How the Supreme Court’s Decision in Sorrell v. IMS Health May Affect Forthcoming “Do Not Track” Legislation

Following the U.S. Supreme Court’s ruling in Sorrell v. IMS Health, Thomas Julin, partner at Hunton & Williams LLP who represented IMS Health in the case, closely studied the Court’s decision to assess its implications, including with respect to other forthcoming legislation.  In an interview with Marty Abrams, President of the Centre for Information Policy Leadership, during the Centre’s First Friday Call on September 9, 2011, Julin discussed the close parallels between the law invalidated in Sorrell v. IMS Health and proposed federal regulation of behavioral advertising such as the “Do-Not-Track Online Act of 2011,” which was introduced by Senator Jay Rockefeller (D-WV) in May 2011.

Listen to the full audio recording of Thomas Julin discussing his views on the implications of Sorrell v. IMS.

Read Julin’s article on this topic published by BNA’s Privacy and Security Law Report.

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Online Tracking Practices Face Increasing Scrutiny

Over the past several weeks, online tracking practices involving the use of Flash cookies and ETags have been the subject of new research studies, class action lawsuits and significant media attention.

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Netflix Backs Amendment to Video Privacy Protection Act

On July 25, 2011, Netflix stated that it will hold off on the launch of its Facebook integration in the U.S. due to legal issues related to the Video Privacy Protection Act (“VPPA”).  The new Facebook feature would allow Netflix subscribers to share their movie viewing information with friends online.  Netflix indicated in its second quarter shareholder letter that it supports House Bill 2471 (“H.B. 2471”), a proposed bipartisan amendment to the VPPA intended to clarify the consent requirement for sharing consumer video viewing information.  The letter states that “[u]nder the VPPA, it is ambiguous when and how a user can give permission for his or her video viewing data to be shared” and that the VPPA “discourages us from launching our Facebook integration domestically.”  As a result, the company plans to limit the campaign to Canada and Latin America until questions concerning the VPPA are resolved. Continue reading…

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House Subcommittees Convene Hearing to Launch Review of Internet Privacy

On July 14, 2011, the U.S. House of Representatives Energy and Commerce Committee convened a joint hearing of the Subcommittee on Commerce, Manufacturing and Trade (chaired by Rep. Mary Bono Mack (R-CA)), and the Subcommittee on Communications and Technology (chaired by Rep. Greg Walden (R-OR)), to launch a comprehensive review of Internet privacy.  The series of hearings began with testimony from officials representing three agencies with jurisdiction over consumer privacy issues: FTC Commissioner Edith Ramirez, FCC Chairman Julius Genachowski, and Department of Commerce Assistant Secretary for Communications and Information Lawrence Strickling. Continue reading…

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Stanford University Study Finds Online Tracking May Continue Even After Opt Out

On July 12, 2011, Stanford Law School’s Center for Internet and Society reported the preliminary results of tests conducted with experimental software designed to detect third-party tracking.  Over the months spent developing “a platform for measuring dynamic web content,” researchers at the Stanford Security Lab analyzed tracking on the websites of Network Advertising Initiative (“NAI”) participants by observing how cookies are altered when a user opts out of behavioral tracking on the NAI website, or enables Do Not Track. Continue reading…

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Court Issues Final Order and Approves Awards in Google Buzz Settlement

On May 31, 2011, an Order was filed in the District Court for the Northern District of California granting final approval of the Google Buzz class action settlement and cy pres awards for organizations focused on Internet privacy policy or privacy education. Pursuant to the Order, the court adopted the Google Buzz settlement agreement and certified the proposed settlement class, which includes “all Gmail users in the United States presented with the opportunity to use Google Buzz through the Notice Date.” The court also approved the following list of organizations and award amounts for distribution of the cy pres funds to be paid by Google as part of the settlement agreement:

  • American Civil Liberties Union – $7,000,000
  • Berkeley Center for Law & Technology – $500,000
  • Berkeley Law School, Samuelson Law, Technology & Public Policy Clinic – $200,000
  • Berkman Center for Internet & Society at Harvard University – $500,000
  • Brookings Institution – $165,000
  • Carnegie Mellon, Cylab Usability, Privacy & Security Lab – $350,000
  • Center for Democracy & Technology – $500,000
  • Electronic Frontier Foundation – $1,000,000
  • Indiana University, Center for Applied Cybersecurity Research – $300,000
  • Stanford, Center for Internet & Society – $500,000
  • YMCA of Greater Long Beach – $300,000
  • The Electronic Privacy Information Center – $500,000
  • The Markkula Center for Applied Ethics Santa Clara University – $500,000
  • Youth Radio – $50,000
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Webinar on Consent for Cookies: Preparing for the EU Cookie Law

On June 6, 2011, join Hunton & Williams for a panel discussion on the implementation of the new EU Cookie Law in the UK, France, Germany and the Netherlands.  EU law on the use of cookies is changing.  Opt-in consent will be required, but specific requirements may differ across the EU.  What are organizations doing to ensure compliance with the new cookie law?  Listen to David Evans, Group Manager of Business and Industry of the Information Commissioner’s Office, explain the steps that UK organizations are expected to take.  Learn about cookie compliance in France, Germany and the Netherlands.  Register now for this complimentary webinar.

Update: A recording of the webinar is now available online.

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UK ICO Gives Websites One Year to Comply with New Cookies Law

On May 25, 2011, the UK Information Commissioner’s Office (the “ICO”) issued a news release stating that organizations and businesses that run websites aimed at UK consumers will be given up to 12 months to “get their house in order” before enforcement of the new cookie law begins.  Information Commissioner Christopher Graham made it clear, however, that “[t]his does not let everyone off the hook.  Those who choose to do nothing will have their lack of action taken into account when we begin formal enforcement of the rules.” Continue reading…

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