*This article was originally published in E-Commerce Law Reports
Privacy & Security - US & Abroad
Arent Fox is on the cutting edge of privacy laws and has experience assisting clients with all aspects of privacy and data security. For example, we routinely assist companies with the development of an internal security protocol that meets the requirements of the applicable state and federal laws. In this regard, our practice groups have helped companies comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the Gramm-Leach-Bliley Act (GLB), and the Children’s Online Privacy Protection Act (COPPA), as well as the Payment Card Industry Data Security Standard (PCI DSS) and related payment laws.
Our lawyers also routinely advise companies about online privacy, including providing advice on notification and consent, and when an opt-in is necessary, or merely suggested. In this capacity, we work with small and large businesses on their social media marketing to help them comply with all applicable rules, guidelines, and laws.
Finally, our team has notable experience with managing a reaction to a data breach, having been part of the response to one of the largest known data breach incidents. In this capacity, we assist with all aspects of the breach, including the consumer, regulator, and payment card industry notification procedures, and the compliance and protocol development after the incident.
The Federal Trade Commission asserted its data security authority in two recent back-to-back enforcement actions, only a day apart from each other.
On June 24, 2016, the non-profit Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) agreed to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule with the U.S. Department of Health and Human Services (HHS). This is HHS’ first resolution agreement and monetary penalty against a business associate (BA) under HIPAA.
Ransomware is old news – it has been around at least since 1989 – but it has only now started to attract widespread attention. Ransomware is a type of malicious software (or malware, for short) that blocks access to the infected device, to some or all of the information stored in the device, or even worse, to files in the device’s network. To unlock either the device or the data, the responsible cybercriminals require the victim to pay a ransom. Ransomware is typically enabled when a victim clicks on malicious links in an email or online.
What’s New? (The GDPR.)
Recent reports indicate that advertising fraud is not only increasing but is now being run by groups alongside otherwise legitimate advertising businesses.
Cybersecurity company Check Point recently released a report finding that HummingBad—a known malware that takes over Android devices, generates fraudulent advertising revenue, and installs apps on the infected phones—was developed and is controlled by a group of cybercriminals within Yingmob, an otherwise legitimate advertising analytics business based in Beijing.
Mobile advertising company InMobi, whose advertising network reaches more than one billion devices worldwide through thousands of apps, has settled with the Federal Trade Commission over charges that it “deceptively tracked” the locations of hundreds of millions of consumers without their knowledge or consent, in a deal announced June 22.
Consumer advocate groups--Public Knowledge, Consumer Watchdog, Center for Digital Democracy, Consumer Action, TURN-The Utility Reform Network and Consumer Federation of America—recently filed a complaint with the Federal Trade Commission and a petition with the Federal Communications Commission against AT&T, Cablevision, and Comcast, citing privacy-related offenses.
If you attended the Consumer Electronics Show in Las Vegas, you probably noticed many concepts applied to the one item that many Americans use every day: the automobile. Over the past few years technology developers and manufacturers have set their sights on the automotive industry, which is one of the largest industries in the United States. From automated cars, syncing software, to wearable devices that interact with a vehicle, it is clear that our time in the car is under an era of rapid change.
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.