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Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by delivering scores, news and other information relevant to the Golden State Warriors. The plaintiffs allege that the app contains certain Bluetooth…

Yesterday, the Electronic Privacy Information Center (“EPIC”) and the Center for Digital Democracy (“CDD”) filed a complaint with the Federal Trade Commission against WhatsApp, Inc. According to the complaint, WhatsApp posted an entry on its company blog on August 25, 2016 announcing an update to its Terms of Service and Privacy Policy. The updated Privacy…

On May 21, 2014, Oklahoma enacted H.B. 2372, following the trend outlined in our earlier article on the growing number of states prohibiting employers from requesting employee or applicant social media account passwords. H.B. 2372 prohibits employers from requesting or requiring the user name and password of employees’ or applicants’ personal social media accounts or demanding employees or applicants to access the accounts in front of the employer. The law also prohibits employers from firing, disciplining, or denying employment to employees or applicants who refuse to provide the requested information.
Continue Reading Oklahoma Joins the Rapidly Growing Number of States with Social Media Password Laws

On May 15, 2014, Maneesha Mithal, Associate Director of the Division of Privacy and Identity Protection at the Federal Trade Commission (“FTC” or “Commission”) testified, on behalf of the FTC, before the U.S. Senate Committee on Homeland Security and Governmental Affairs addressing the Commission’s work regarding three consumer protection issues affecting online advertising: (1) privacy, (2) malware and (3) data security. Below is a summary of the Commission’s testimony regarding these three key areas and the Commission’s advice for additional steps to protect consumers.
Continue Reading Online Advertising Targeted by Federal Trade Commission

States continue to focus their investigation and enforcement efforts on privacy issues, with no sign that the focus will shift anytime soon. The most recent example is a $17 million settlement between 37 states (and D.C.) and Google related to Google’s use of tracking cookies on Safari browsers. For more information about this case and…

Sci-fi fans will be familiar with the interactive ads featured in the world of the film Minority Report, starring Tom Cruise, where upon entering a shopping mall, shoppers’ eyes were scanned to allow the shops to specifically target ads based on a particular shopper’s previous habits, e.g. "Good afternoon, Mr. Yakamoto. How did you like…

Widely known as California’s "Eraser Button" law, SB 568 recently cleared the governor’s desk and has been signed into law. The new law, which takes effect on January 1, 2015, adds two key privacy-related requirements for operators of websites, online services, and mobile apps directed toward minors. Find out whether it will apply to your business…

In response to the mounting data privacy concerns attributed to the proliferation of smart devices, the FTC will be holding a public workshop on November 21, 2013, addressing questions over the “Internet of Things.” Two public interest groups, Electronic Privacy Information Center (EPIC) and Center for Digital Democracy (CDD), have already submitted comments expressing their concerns over the privacy implications related to this topic, which include the tracking of daily behaviors and personal habits.
Continue Reading Privacy Concerns to be Addressed at FTC Workshop in November

The next time you watch Mad Men, you may find yourself paying a little closer attention to the opening credits. Last week, Lions Gate Entertainment Corporation was sued by a model from the 1950s and 1960s who is alleging the company violated her publicity and privacy rights by using a photograph from her in the show’s opening credits without her permission.
Continue Reading Model Suing Lions Gate Over Opening Credits of Mad Men