Mobile Ad Co Settles with FTC Over Allegations of Deceptive Geolocation Tracking and Children’s Privacy Violations for $4 Million

Mobile Ad Co Settles with FTC Over Allegations of Deceptive Geolocation Tracking and Children’s Privacy Violations for $4 Million

On June 22, 2016, mobile advertising company, InMobi Private Ltd. settled with the Federal Trade Comission (“FTC” or “Commission”) claims of violations of Section 5 of the FTC Act, and the Children’s Online Privacy Protection Act and Rule (COPPA), for $4 million.  The violations of COPPA supported the monetary penalty since, unlike Section 5, COPPA provides for civil penalties.  However, there are lessons here for the mobile app industry beyond that geolocation services for children require parental consent.  In addition, this action reinforces the FTC’s position that device location information is sensitive and thus justifies heightened consumer notice and choice, and that providing notice of an opt-out method that is not completely effective could be a deceptive practice if the limitations are not clearly explained.

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Toxic Substances Control Act Revised for the 21st Century

By | Energy & Environmental Law Adviser | June 29, 2016

On June 22, 2016, President Obama signed the Lautenberg Chemical Safety Act into law.  The Act is the first significant change to the 1976 Toxic Substances Control Act in 40 years and amends the Environmental Protection Agency’s (EPA) methods for reviewing chemical substances before they are marketed and allowed to be used in consumer products.

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Louisiana’s New Telemedicine Law Opens Doors, Removes Barriers

Louisiana’s New Telemedicine Law Opens Doors, Removes Barriers

Louisiana’s governor signed into law, HB 570, (the “Act”), eliminating a prior requirement that physicians practicing telemedicine maintain an office in Louisiana or contract with in-state providers. The Act also changes the telemedicine modality required for a patient encounter from “two-way video” technology to “interactive audio” (provided the modality is sufficient to meet the same standard of care as an in-person encounter). The Act requires telemedicine providers make referrals to, or arrangements for, follow-up care when necessary. The Act became effective on June 17, 2016.

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Supreme Court Agrees to Hear Special Education Case

By | School Law | June 29, 2016
Supreme Court Agrees to Hear Special Education Case

On June 28, the Supreme Court of the United States issued an order accepting to hear an appeal out of Michigan in the case Fry v. Napoleon Community Schools, No. 15-497, order granting cert, (June 28, 2016), that presents the issue whether parents must exhaust the administrative due process procedures under the Individuals with Disabilities Education Act (IDEA) before filing a lawsuit for money damages for disability-based discrimination under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

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Keep Calm and Carry On: Data Protection Post Brexit

Keep Calm and Carry On: Data Protection Post Brexit

Brexit is likely to cause years of future uncertainty around data protection, including the legal mechanisms for data transfer to countries outside of the United Kingdom (“U.K.”). In the short term, there will be little to no impact on existing data transfer solutions implemented by companies that rely on the U.K. as an entry point into the European Union (“EU”). In the mid-term, with the scheduled implementation of the EU-U.S. Privacy Shield (“Privacy Shield”) in 2016 and the EU’s General Data Protection Regulation (“GDPR”) in 2018, the U.K. will either continue to be subject to EU laws by extending its membership in the European Economic Area (“EEA”) or it will create its own national data protection legislation. Although companies may have to rethink data transfer agreements, this will be part of a long term process as the future of U.K. data protection continues to unfold.

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The Death of Prince Rogers Nelson – an Estate Tax Controversy Likely to Follow

By | Larry's Tax Law | June 29, 2016
The Death of Prince Rogers Nelson – an Estate Tax Controversy Likely to Follow

Many of our readers have asked me about the likely controversy that will ensue following the death of Prince. In fact, two readers feel, since I have been reporting about some of the controversy surrounding the Estate of Michael Jackson, that I must write about Prince’s estate and the expected controversy surrounding it. So, here we go!

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Facial Recognition Guidelines Issued by NTIA and Approved by IBIA

Facial Recognition Guidelines Issued by NTIA and Approved by IBIA

On June 15, 2016, the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) issued its facial recognition best practices, which were developed by a multi-stakeholder group convened by NTIA. The best practices document, titled “Privacy Best Practice Recommendations for Commercial Facial Recognition Use,” is intended to be a code of conduct for the commercial use of facial recognition technology.

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