The U.S. Federal Communications Commission is seeking public comment on vulnerabilities that threaten the security and integrity of the Border Gateway Protocol, which is central to the internet’s global routing system. The BGP’s design is widely deployed and lacks security features to ensure trust in the information being exchanged.

The FCC seeks comment on how

The FCC has unanimously adopted an order to revoke China Unicom Americas’ section 214 authorizations. This action follows the FCC order in October 2021 to revoke China Telecom Americas’ authorizations. These license revocations demonstrate that the severe actions against Chinese telecoms with apparent affiliations with the Chinese government and military that began in the last

This past summer, we reported on the July 2021 vote by the Uniform Law Commission (ULC) to approve the Uniform Personal Data Protection Act (UPDPA), a model data privacy bill designed to be promulgated in state legislatures across the United States. Now the District of Columbia becomes the first jurisdiction to have the bill introduced for consideration.
Continue Reading Washington, D.C., Becomes the First Mover on the Uniform Personal Data Protection Act

On October 21, 2021, the FTC released a report making it quite clear: internet service providers (ISPs) are next in line for heightened FTC scrutiny. After analyzing the data collection, sharing, and usage practices of the six largest ISPs and three of their affiliated advertising entities, the FTC concluded that the ISPs “amass large pools of sensitive data, and that their uses of such data could lead to significant harms.” [1]

This report traces its lineage back to August 2019, when the FTC used its powers under Section 6(b) of the FTC Act to issue Orders to File Special Reports to the six largest ISPs that comprised approximately 98.8% of the mobile internet market.
Continue Reading ISPs, the FTC Has You In Their Crosshairs

A forthcoming Harvard Law Review article reviewed 857 cases that cited Carpenter v. United States, the landmark Supreme Court Fourth Amendment case, from its publication in June 2018 to March 2021. The purpose of this study was to evaluate the landscape of post-Carpenter Fourth Amendment law.

The full text of the article can be found here.

Continue Reading Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021

During its plenary session on September 27, 2021, the European Data Protection Board (EDPB) announced that it has set up a cookie banner taskforce to handle complaints filed with several European Economic Area supervisory authorities by the entity known as None of Your Business (NOYB). As you may know, on May 31, 2021 NOYB sent written warnings to over 500 companies claiming that their cookie banners did not comply with GDPR. When the companies failed to remediate all violations within 30 days, NOYB filed 422 complaints with 10 supervisory authorities.

Continue Reading EDPB Establishes Cookie Banner Taskforce

Guest Author: Jodi Daniels, Founder and CEO of Red Clover Advisors

Data privacy is one of the most complicated and important issues facing modern businesses. With laws varying from state to state, even country to country, and best practices frequently changing, it may be more efficient for companies to outsource their privacy program to an expert who specializes in consumer data privacy.

Fractional privacy officers (FPOs) provide high-level privacy consulting and strategy on a part-time, contract basis. They deliver invaluable assistance in translating and applying the requirements of new and established data privacy legislation to existing business practices and are fully qualified to develop new processes if needed for compliance.

There are four main areas where an FPO’s privacy prowess can be highly beneficial:
Continue Reading Outsource Your Privacy to an Expert

Cyberattacks continue to make the news and affect our lives in increasingly more significant ways. However, after several years in which states have actively updated breach notification laws in reaction to significant data breaches, 2021, like 2020, has been relatively quiet. Just two states—Connecticut and Texas—have updated their general data breach notification laws, and only

On August 24, 2021, the office of the California Attorney General (AG) Rob Bonta issued a press release notifying the public of healthcare data privacy guidance that AG Bonta sent to stakeholder organizations, including the California Hospital Association, the California Medical Association, and the California Dental Association, that day. According to the press release, the guidance was sent to stakeholders as a bulletin that, in part, reminded the entities of their obligation to notify the California Department of Justice (DOJ) when the health data of more than 500 California residents has been breached.

Continue Reading California AG Issues Press Release Urging “Full Compliance” with State Health Data Privacy Laws

Certain California-licensed healthcare facilities are now subject to additional breach reporting obligations pursuant to regulations (Regulations)[1] issued by the California Department of Public Health (Department) on July 1, 2021. These Regulations modify California Health and Safety Code section 1280.15 (section 1280.15) and impose requirements on healthcare facilities (as defined below) regarding what information must