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U.S. Senate Duo and California Ballot Initiative Propose to Radically Alter U.S. Consumer Internet Privacy and Upend Digital Advertising

Amid growing concerns over the improper use of user information and data breaches, and in the same week as the Senate examines the Cambridge Analytica controversy, a duo of U.S. senators who have long advocated for federal consumer privacy legislation seized the moment to propose a bill that would give the Federal Trade Commission (FTC … Continue Reading

Court Limits 2015 Text Marketing Rules, Gives New FCC an Opportunity to Provide Clarity

On March 16, the D.C. Circuit issued a long-awaited decision in a challenge to the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the July 2015 Order). We have previously explained the challenges created by the July 2015 Order here and here. On the whole, the unanimous 3-0 Decision offers some good … Continue Reading

Online Merchant Cited for Inadequate Interest-Based Advertising Disclosures

Liftopia, an e-commerce platform that enables ski resorts to sell advance-purchase tickets online, was cited in a recent decision by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP) for failing to provide consumers with sufficient notice and choice relating to the collection of data for targeted ads and the serving of interest-based advertising … Continue Reading

The Video Privacy Protection Act: Watching the Courts Through Crossed Eyes

The Video Privacy Protection Act (VPPA), passed by Congress in 1988, is intended to prevent a “video tape service provider” from “knowingly” disclosing an individual’s “personally identifiable information” (PII) to third parties where that individual “requested or obtained … video materials,” such as “prerecorded video cassette tapes or similar audio visual materials.” At the time … Continue Reading

Toying With Children’s Data: Lessons From the FTC’s First Connected Toys Settlement Action

Every year, especially around the holidays, more and more products that connect to the internet hit the market. For adults, connected home devices that act like personal domestic assistants have become increasingly popular. Children have been adding connected toys, some of which have the intelligence and programming to become a child’s best friend, to their … Continue Reading

Industry Watchdog Reminds Digital Advertisers of the Importance of Providing Consumers With Transparency and Choice in Latest Enforcement Actions

Two digital advertising companies, Adbrain and Exponential Interactive, were cited in recent decisions by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP) for not complying with the online advertising industry’s requirements for interest-based advertising (IBA), the practice of tracking users across time and services to build interest profiles on them in order to … Continue Reading
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