Blog Archives

Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds

A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing.  The plaintiff, Ahmed Kamal,

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Posted in Litigation, Privacy, Regulations

Congress Holds Hearings on Privacy and Data Protection

With all of the hubbub swirling around Capitol Hill last week with the Michael Cohen hearings, you can’t be blamed if you missed the fact that two important congressional hearings on privacy and data protection took place as well, one

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Posted in Data Security, Legislation, Privacy

FTC Announces Record Settlement for Children’s Privacy Violations

On February 27, the FTC announced that the operators of the video social networking application Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle allegations that it violated the Children’s Online Privacy Protection Act (COPPA). According to the

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Posted in FTC, Privacy, Regulations, Social Media

Is it Time to Rethink Notice and Choice as a Fair Information Privacy Practice?

Since the 1970’s, fair information practices (FIPs) or fair information privacy practices (FIPPs) have formed the framework around which organizations structure their policies on data collection, use, disclosure, and retention.  The cornerstone of individual privacy rights under the FIPs is

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Posted in Privacy, Standards

Privacy Primer: The Children’s Online Privacy Protection Act (COPPA)

COPPA is a U.S. law enacted by Congress in 1998 to address concerns regarding the online collection and disclosure of children’s personal information. Children (defined by COPPA as individuals under the age of 13) may not appreciate the significance of

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Posted in Legislation, Privacy, Regulations

Illinois Supreme Court Sheds Light on the Importance of Strict Compliance with State’s Biometric Information Privacy Act

On January 25, 2019, in Rosenbach v. Six Flags Entm’t Corp., the Illinois Supreme Court held that an individual is an “aggrieved” party under the Illinois Biometric Information Privacy Act (“BIPA”) and may seek damages absent an allegation of harm

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Posted in Legislation, Litigation, Privacy, Regulations

Senators Introduce Data Care Act to Establish Duties for Online Service Providers

On December 12, 2018, Senator Schatz (D-HI), along with 15 other Senators, introduced the Data Care Act of 2018 “to establish duties for online service providers with respect to end user data that such providers collect and use.” The bill

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Posted in FTC, Legislation, Privacy, Standards

Amazon Echo Data at Center of Another Legal Battle

Amazon, Inc. is on the receiving end of another court order demanding it release the data and recordings associated with one of its Echo smart devices. For the uninitiated, Echo smart devices support voice interaction, music playback, and other administrative

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Posted in Internet of Things, Litigation, Privacy

Senate Subcommittee Evaluates Expansion of the FTC’s Data and Privacy Authority

On November 27, 2018, the U.S. Senate Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security held a hearing titled “Oversight of the Federal Trade Commission,” which included testimony from Chairman Joseph Simons and Commissioners Rohit Chopra, Noah Phillips,

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Posted in FTC, Legislation, Privacy, Regulations

Technical FACTA Violation Insufficient to Confer Standing

A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor inconvenience flowing from a procedural violation

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Posted in Litigation, Privacy
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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