Tag Archives: Jon Leibowitz

EU and U.S. Formulating a Privacy Framework Agreement

As reported in BNA’s Privacy Law Watch, EU Member States are working on an overarching privacy framework agreement with the United States. The framework agreement, which may be used as a starting point for future negotiations, aims to reduce the amount of time and resources required to prepare new agreements between the European Union and the United States.

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Facebook Settles FTC Charges

On November 29, 2011, the Federal Trade Commission announced that Facebook has settled charges that it deceived consumers by making false privacy promises. The settlement requires Facebook to (1) not misrepresent how it maintains the privacy or security of users’ personal information (2) obtain users’ “affirmative express consent” before sharing their information with any third party that “materially exceeds the restrictions imposed by a user’s privacy setting(s),” (3) implement procedures to prevent a third party from accessing users’ information no later than 30 days after the user has deleted such information or terminated his or her account, (4) establish, implement and maintain a comprehensive privacy program, and (5) obtain initial and biennial assessments and reports regarding its privacy practices for the next 20 years.

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FTC Announces First Privacy Settlement Involving Mobile Applications

On August 15, 2011, the Federal Trade Commission announced a settlement with W3 Innovations, LLC, doing business as Broken Thumbs Apps (“W3”) for violations of the Children’s Online Privacy Protection Act (“COPPA”) and the FTC’s COPPA Rule.  This marks the FTC’s first privacy settlement involving mobile applications. Continue reading…

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FTC to Focus on Self-Regulation by Behavioral Advertising Industry

On October 19, 2010, Federal Trade Commissioner Julie Brill indicated that the FTC’s forthcoming behavioral advertising report will recommend a self-regulatory framework, as opposed to new legislation, to help protect consumers’ privacy.  Mediapost.com reported that Ms. Brill offered suggestions on improving privacy practices with respect to Internet advertising, such as by providing “consistent and simplified notice about online tracking and ad-serving,” and that such notice should focus more on the unexpected or non-obvious uses of data (such as an e-commerce company’s transfer of consumers’ addresses to shipping companies). Continue reading…

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Global Privacy Enforcement Authorities Launch Cooperative Network and Website

The United States Federal Trade Commission ("FTC") recently joined forces with privacy authorities from eleven other countries to launch the Global Privacy Enforcement Network ("GPEN"), which aims to promote cross-border information sharing and enforcement of privacy laws.  On September 21, 2010, GPEN unveiled its new website, www.privacyenforcement.net, designed to educate the public about the network.  The GPEN website, which is supported by the Organization for Economic Co-Operation and Development ("OECD"), provides guidelines and application instructions for government agencies interested in participating in GPEN.  It also sets forth GPEN’s action plan and mission of “sharing information about privacy enforcement issues, trends and experiences; participating in relevant training; cooperating on outreach activities; engaging in dialogue with relevant private sector organizations on privacy enforcement and outreach issues; and facilitating effective cross-border privacy enforcement in specific matters by creating a contact list of privacy enforcement authorities interested in bilateral cooperation in cross-border investigations and enforcement matters.” 

In his remarks about the network, which was officially launched in March, FTC Chairman Jon Leibowitz stated that “to protect consumers’ privacy in today’s global economy, all of us who work in law enforcement around the world need to cooperate with each other.  We at the FTC are looking forward to working closely with our colleagues overseas to make this happen.”

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FTC Chairman Considers Do Not Track Registry

In the latest chapter of the Federal Trade Commission’s ongoing efforts to promote consumer privacy with respect to online behavioral advertising, FTC Chairman Jon Leibowitz has reportedly suggested that the FTC may propose a Do Not Track Registry.  The registry would be similar to the FTC’s popular Do Not Call Registry, which allows consumers to opt-out of many types of telemarketing calls, but registration on the Do Not Track Registry would not stop online advertisements.  Instead, it would prevent those advertisements from being targeted to users based on their prior online activity.  Mr. Leibowitz’s remarks came during a hearing on Consumer Online Privacy held yesterday by the U.S. Senate Committee on Commerce, Science, and Transportation.  Current industry self-regulatory initiatives for providing consumers with choice regarding behavioral advertising include the Network Advertising Initiative’s Opt-Out Tool, which has been criticized for relying on opt-out cookies that consumers may accidentally delete, and a related beta Firefox browser extension designed to remember consumers’ opt-out preferences even after cookies are deleted.

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Kerry Signals Senate Support for Online Privacy Legislation

On July 27, 2010, Senator John Kerry (D-Mass.) announced his intention to introduce an online privacy bill to regulate the collection and use of consumer data.  “Our counterparts in the House have introduced legislation and I intend to work with Senator Pryor and others to do the same on this side with the goal of passing legislation early in the next Congress,” Kerry said in a prepared statement.  Senator Kerry is the Chairman of the Commerce Subcommittee on Communications, Technology, and the Internet.  He indicated that his bill would go beyond the regulation of targeted advertising.  “Protecting the privacy of consumers online involves much more than the targeted advertising to which they are subjected,” Senator Kerry said. “Such advertising is just one result of the information that is routinely collected about us online.”

As we reported last week, Representative Bobby Rush (D-Ill.) introduced a bill regarding online data collection practices, which itself followed a similar bill proposed in May by Congressmen Boucher (D-VA) and Stearns (R-FL).  Also on Tuesday, FTC Chairman Jon Leibowitz testified before the U.S. Senate about FTC efforts to protect consumer privacy.

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FTC Investigating Privacy Risks to Data Stored on Digital Copiers

Federal Trade Commission Chairman Jon Leibowitz recently sent a letter to Congressman Edward Markey, Co-Chairman of the bipartisan Congressional Privacy Caucus, announcing that the FTC will address the privacy risks associated with the use of digital copiers.  Congressman Markey had urged the FTC to investigate this issue after a CBS News exposé showed that almost every digital copier produced since 2002 stores on its hard drive images of documents that are “scanned, copied or emailed by the machine” – including documents with sensitive personal information.

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FTC’s New Commissioners Create a Democratic Majority

Julie Brill and Edith Ramirez took their oaths of office on April 5 and 6, 2010, completing the Federal Trade Commission’s roster of five commissioners and facilitating the Commission’s new tougher stance on privacy.  As we previously reported, Ms. Brill and Ms. Ramirez were confirmed by the U.S. Senate on March 3, 2010.  There are now three Democrats and two Republicans on the Commission.

Last year, when the Commission was comprised of one Democrat, two Republicans, an independent and a vacant seat, FTC Chairman Jon Leibowitz announced an aggressive agenda for the Commission, including a “privacy re-think.”  The new Democratic majority will make it easier to advance that agenda through recommendations to Congress, responses to market requests for greater self regulation and the approach taken with respect to enforcement cases.

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Federal Trade Commission: Is Privacy Moving to a Post-Disclosure Era?

In a discussion with The New York Times, Federal Trade Commission (“FTC”) Chairman Jon Leibowitz, and chief of the FTC’s Bureau of Consumer Protection, David Vladeck, indicated that Internet publishers and advertisers can expect the FTC to play a more active role in safeguarding consumer privacy.  Chairman Leibowitz highlighted that, in the past, the FTC’s approach to privacy has focused on consumer notice and consent, and whether consumers were harmed.  From the FTC’s perspective, however, the present model is problematic because companies have failed to provide consumers with meaningful notice that would allow them to make effective choices regarding their privacy.  This “advise-and-consent” model is broken, as it “depended on the fiction that people were meaningfully giving consent.”  In reality, few consumers take the time to inform themselves about the notices and choices outlined in privacy policies.

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