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There has been a proliferation of wearable devices hitting the market, such as Google Glass, Fitbit and others, all with the ability to collect data and track behavior. These “wearables” have begun to receive some scrutiny by senators and regulators, including New York’s senior senator Chuck Schumer, who recently urged the FTC to push fitness device and app companies to provide users with a clear opportunity to “opt-out”, since personal information may be potentially sold to third parties without the users’ knowledge or consent. For additional information on this story, please read the latest post on our firm’s Global Regulatory Enforcement Law Blog.
Continue Reading Wearable is the New Black (and Latest Privacy Risk)

Television broadcasters have long been able to track their shows’ popularity. But a new bill introduced in Congress last week aims to regulate technology that would go even farther by using actual cameras and microphones on TV set-top boxes or DVRs to record viewers’ reactions to advertisements.

On June 13, the We Are Watching You Act (H.R. 2356) was introduced by Representatives Walter B. Jones (R-N.C.) and Michael Capuano (D-Mass.). That bill, if enacted, would require companies to obtain viewer consent before using surveillance devices embedded in set-top boxes and DVRs to track people’s moods and reactions. The cameras and microphones would send cable companies data on the audience’s activities, including comments, facial expressions, food consumption, and general moods, as well as their age and gender. According to Congressman Capuano, such technology is not yet in use–last year, the U.S. Patent and Trademark Office rejected one company’s patent application for such a system, and other companies have also reportedly explored similar technology. But the two lawmakers hope to put regulations in place preemptively, informing consumers and allowing them to opt out of such surveillance should it become a reality. Said Congressman Capuano, “[t]his may sound preposterous, but it is neither a joke nor an exaggeration. These DVRs would essentially observe consumers as they watch television as a way to super-target ads. It is an incredible invasion of privacy.”…
Continue Reading Congressmen Propose the ‘We Are Watching You Act’

This post was also written by Christine Nielsen.

Yielding to pressure from advertisers, ad agencies, the media, consumers, and, perhaps, the FTC, Facebook has agreed to place The Digital Advertising Alliance’s (DAA) “AdChoices” logo on ads served on its site via its FBX ad exchange. The move makes Facebook more accountable for educating users…