The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from vulnerable wireless routers and internet cameras.

The complaint against Taiwan-based networking equipment manufacturer D-Link Corporation and its U.S. subsidiary D-Link Systems alleges

iStock_000019536561Large-300x225At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom Wheeler, along with Commissioners Rosenworcel and Clyburn voted in favor of the item, while Commissioners Pai and O’Rielly voted against it.

The new rules clarify the privacy requirements applicable to broadband ISPs pursuant to Section 222 of the Communications Act. The new rules also apply to voice services and treat call-detail records as “sensitive” in the context of voice services.

According to an FCC press release issued immediately after the meeting, these rules “establish a framework of customer consent required for ISPs to use and share their customers’ personal information that is calibrated to the sensitivity of the information.” The Commission further asserts that this approach is consistent with the existing privacy framework of the Federal Trade Commission (“FTC”).
Continue Reading FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

On July 12, 2016, the European Commission (“Commission”) formally adopted and released the Privacy Shield Adequacy decision, which will allow certified U.S. companies to transfer EU personal data to the United States.  The EU-U.S. Privacy Shield (“Privacy Shield”) replaces the U.S.-EU Safe Harbor framework (“Safe Harbor”), which was invalidated in October 2015 by the European Court of Justice (“ECJ”) in Maximillian Schrems v Data Protection Commissioner. The decision will immediately go into effect upon notification to the EU Member States.

The more than 4,400 U.S. companies that previously relied on the Safe Harbor and have been waiting for an alternative mechanism for data transfers can choose to self-certify to the Department of Commerce (“Commerce”) under the new Privacy Shield framework. Commerce will begin accepting Privacy Shield applications on August 1, 2016. This client advisory provides an overview of Privacy Shield, highlights key differences between Privacy Shield and Safe Harbor, and offers some key considerations given the forthcoming Global Data Protection Regulation and other data privacy developments.


Continue Reading What You Need to Know About Privacy Shield: An Overview of the New Transatlantic Framework

Special counsel Richard Cohen was interviewed by Metropolitan Corporate Counsel in the law article “Weighing Public vs. Private Interests in the Big Data Economy: Innovations in technology continue to bring more questions about privacy.”  Mr. Cohen discusses the current startup environment, big data, and venture capital accelerators based on his extensive experience working with technology