In a very important decision, FTC v. AT&T Mobility (9th Cir. 2018 en banc), the U.S. Court of Appeals for the 9th Circuit en banc reversed an earlier panel decision that severely limited the FTC’s jurisdiction to protect privacy and data security. I strongly criticized the panel decision in an previous blog post. The FTC has taken […]
Posts about the FCC by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
Congress’s Attempt to Repeal the FCC Internet Privacy Rules: The Void Will Be Filled
Recently, Congress voted to overturn new FCC rules that regulated the privacy of broadband Internet Service Providers (ISPs). The rules implemented the Communications Act, 47 U.S.C. § 222 to ISPs, requiring opt in for sharing sensitive customer data, opt out for sharing non-sensitive customer data, as well as transparency requirements. Sensitive data includes precise geo-location, children’s […]
A Gaping Hole in Consumer Privacy Protection Law
Recently, the U.S. Court of Appeals for the 9th Circuit issued a decision with profound implications for consumer privacy protection law. In FTC v. AT&T Mobility (9th Cir. Aug. 29, 2016), a 3-judge panel of the 9th Circuit held that the Federal Trade Commission (FTC) lacks jurisdiction over companies that engage in common carrier activity. […]
Drones, Data Breaches, Cramming, and Other Privacy + Security Updates
by Daniel J. Solove This post is co-authored with Professor Paul M. Schwartz. This post is part of a post series where we round up some of the interesting news and resources we’re finding. For a PDF version of this post, and for archived issues of previous posts, click here. We became quite busy after […]
Who Are the Privacy and Security Cops on the Beat?
by Daniel J. Solove Are privacy and security laws being enforced effectively? This post is post #3 of a series called Enforcing Privacy and Security Laws.
Hi-Tech Rat Race: Law Enforcement Surveillance and New Technology
Brian Bergstein writes in an AP article about the issue of law enforcement surveillance and technology: With each new advance in communications, the government wants the same level of snooping power that authorities have exercised over phone conversations for a century. Technologists recoil, accusing the government of micromanaging — and potentially limiting — innovation. Today, this tug […]
Making Universities Pay for Government Surveillance
In 1994, Congress passed a law called the Communications Assistance for Law Enforcement Act (CALEA), which requires telecommunication providers to build wiretapping and surveillance capabilities for law enforcement officials into their new technologies.