Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel
Privacy & Security
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Arent Fox Adds Congressional Cybersecurity and Technology Staff Director to Government Relations Practice

Arent Fox is pleased to announce the expansion of its Government Relations practice with the addition of Senior Government Relations Director Alex Manning. Alex is joining the firm’s Washington, DC office and will advise clients on issues surrounding cybersecurity, privacy, data breaches, tax, trade policy, and immigration.

Below are answers to a few key questions we here at Behind the Scenes asked Alex about his work, and how it will fit into our efforts to address our clients’ data collection and privacy concerns:

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Privacy & Security
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White House Announces Cyber Initiatives

This week, as part of a strategic effort to build momentum toward next week’s State of the Union address to Congress, President Barack Obama announced legislative proposals and executive actions to improve cybersecurity. The Obama Administration’s broad array of policy proposals could have a significant impact on how companies and other entities across all sectors of the economy collect and monetize customer data, share threat information, and notify consumers in the event of a data breach. If a company or similar entity stores customer data, the breadth of the proposed initiatives means that they are highly likely to affect such an organization.

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Privacy & Security
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FTC Chair Speaks on Data Privacy and the Internet of Things

On January 6, 2015, Federal Trade Commission (FTC) Chairwoman Edith Ramirez delivered a speech discussing best practices for companies in the emerging market of the “Internet of Things,” which refers to the wireless interconnectivity of everyday devices, from home appliances to medical devices. Such devices are quickly becoming pervasive: In 2015, the number of interconnected devices worldwide is expected to reach 25 billion.

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Advertising, COPPA & GLB
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Privacy Seal Provider Settles with FTC over Misrepresentation Charges

What’s the News?

TRUSTe, Inc., a major provider of privacy certifications for online businesses, recently settled with the Federal Trade Commission (FTC) over charges that it has been engaging in deceptive business practices. The FTC alleged that TRUSTe was misrepresenting the frequency of its recertification reviews of participating businesses, as well as its own corporate status. News of the settlement serves as a reminder to online businesses of the need to ensure compliance with applicable privacy laws and industry best practices.

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Advertising, Privacy & Security
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California Attorney General Reports Upswing in Data Breaches

What’s the News?

In October 2014, California Attorney General Kamala Harris released the California Data Breach Report, the state’s most recent analysis of data security threats facing businesses and consumers. The Report, which notes a dramatic 28 percent increase in data breaches in California in 2013, serves as a reminder to businesses nationwide of the constant threat of increasingly sophisticated cybercriminals — and the need for new and better approaches to safeguarding sensitive information.

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Prepaid & Stored Value Cards, Privacy & Security
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Target Breach Class Actions Take a Big Step Forward

Arent Fox Complex Litigation partner Joshua Fowkes wrote an article that was published by Corporate Counsel which focuses on a recent ruling involving the data breach of Target Corp. that gives banks a green light to continue with their class action suits against the company.

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Advertising, Promotions, Sweepstakes & Contests
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Everyone’s a Winner: FCC Moves to Modernize Broadcast Contest Rule

What’s the News?

Recently, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking seeking comment on proposed updates to its broadcast Contest Rule.

The FCC’s Action

The FCC’s current broadcast Contest Rule requires broadcasters to disclose important contest information fully and accurately, over the air, at the time the audience is told how to enter or participate in the contest. A broadcaster’s obligation to disclose contest terms is continuing, and the broadcaster must periodically announce the contest terms on the station conducting the contest. The FCC has fined numerous broadcasters over the last few years for failure to read material contest terms on the air.

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Advertising
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FTC’s New Chief Technologist Outlines Regulatory Agenda

What’s the News?

The Federal Trade Commission (FTC) recently named Ashkan Soltani as its newest Chief Technologist. In this role, Soltani will serve as the agency’s top regulator on a variety of issues involving technology and consumer protection. Chief among them are data security and online privacy, which have become major FTC priorities in recent years. Soltani is regarded as an expert in the privacy field and has previously served as an advisor to the FTC, state attorneys general, and major corporations.

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Payment Processing, Electronic Fund Transfers & Mobile Payments, Prepaid & Stored Value Cards, Privacy & Security, Song-Beverly Act
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Ikea Seeks Class Decertification in ZIP Code Case

What Made News?

Ikea recently argued that a class action filed against it based on alleged violations of California’s Song-Beverly Act should not be maintained. Ikea admits that its sales registers prompt sales associates to collect ZIP codes from consumers, but it argues that associates often bypass the prompt. Because it does not have a policy to collect ZIP codes, Ikea claims that it cannot be held liable for the alleged illegal ZIP code collections.

Details of the Case

Consumers across the country have become accustomed to cashiers’ requests for ZIP codes, phone numbers, or other information at the point of sale. Although the requests are permitted in some states, other states — in particular, California — have strict laws prohibiting retailers from requesting personal information from customers paying with credit cards except in certain limited circumstances.

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event
Arent Fox LLP Presents: Bah Humbug! Regulations and Legal Strategy for the Holiday Retailer

Anthony Lupo and Sarah Bruno have partnered with the Footwear Distributors and Retailer of America (FDRA) to host This webinar. They will provide a summary of the tricky compliance issues with gift cards and will advise on the best way to structure a loyalty program so as to avoid a compliant under the applicable data collection laws. It will also provide omni-channeling advice for retailers that are collecting data in stores and from mobile apps and web sites.

Guests of Arent Fox should enter code AF2014 for a complimentary registration.

Click here to register.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.