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Today, the FCC voted to pass the Restoring Internet Freedom order, which repeals the 2015 “net neutrality” rules and reverts back to the “light regulatory” touch the FCC previously had in place regarding internet service providers (“ISPs”).  Of primary importance, the FCC restored the classification of Broadband Internet Access Services as “information services” under Title

Yesterday, the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) announced their intent to coordinate which of the two agencies would coordinate online consumer protection efforts following the adoption of the Restore Internet Freedom Order, and published a draft Memorandum of Understanding (MOU) that outlines those efforts.

The draft MOU outlines a number of

On December 5, 2017, NIST published a revised version of the NIST Cybersecurity Framework (i.e., Draft 2 of Version 1.1) (“Framework”).  According to NIST, Version 1.1 of the Framework refines, clarifies, and enhances Version 1.0 of the Framework issued in February 2014, and the recently published Draft 2 of Version 1.1 is informed by over

The FTC is seeking public comment on a petition by Sear’s to reopen and modify its 2009 consent order to restrict the broad definition of “tracking application”.

Background.  In 2009, the FTC issued an order settling charges that Sears Holdings Management Corporation (“Sears”) had failed to adequately disclose the scope of consumers’ personal information

If you’ve seen the news, you’re probably aware that Equifax announced last week that hackers had breached some of its website application software, potentially affecting the sensitive personal information of approximately 143,000,000 consumers.  If you believe you may be affected by the breach, or are wondering what to do about it, read below for: (A)

On August 1, 2017, the Senate introduced the “Internet of Things (IoT) Cybersecurity Improvement Act of 2017”, which aims to bolster the security of government-acquired IoT devices.  Sponsored by Sens. Mark Warner (D-VA), Cory Gardner (R-CO), Ron Wyden (D-OR), and Steve Daines (R-MT), the bill would require connected devices purchased by the government agencies to

This month, the Federal Trade Commission (FTC) issued guidance for businesses operating websites and online services looking to comply with the Children’s Online Privacy Protection Act (“COPPA”). COPPA addresses the collection of personal information from children under 13.  Importantly, the determination of whether a business’s website is “directed to children under 13” (and thus subject

Today, on June 1, 2017, China’s new cybersecurity law, entitled the “Network Security Law”, goes into effect.  The law was passed in November 2016.  It now becomes legally mandatory for “network operators” and “providers of network products and services” to: (a) follow certain personal information protection obligations, including notice and consent requirements; (b) for network

Target Corporation has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the investigation into the retailer’s 2013 data breach, officials announced on May 23, 2017. The 2013 data breach incident triggered various state consumer protection and data breach laws when hackers accessed consumer data for over 110 million

Vintage toned Wall Street at sunset, NYC.

Today, acting FTC Chairman Maureen K. Ohlhausen and FCC Chairman Ajit Pai issued a joint statement on the FCC’s issuance of a temporary stay of a data security regulation for broadband providers scheduled to take effect on March 2.  In their statement, they advocate for a “comprehensive and consistent framework”, so that Americans do not