February 13, 2013 10:49 AM | Posted by Jill Westmoreland |
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California Assemblyman Isadore Hall introduced Assembly Bill 257 which addresses mobile privacy. The bill would codify many of the best practices proposed by the California Attorney General in her report titled “ Privacy on the Go: Recommendations for the Mobile Ecosystem,” such as requiring mobile apps to have a privacy policy; allowing consumers to access their own personally identifiable information (PII) that the app collects and retains; provide a supplemental privacy policy with enhanced measures if an app collects PII that is not essential to the app’s basic function; providing a special notice if the app accesses text messages, call logs, the camera, dialer or microphone, or collects location, financial, or medical information or passwords. The bill also would require advertising networks that deliver ads through a mobile application to obtain prior express consent before displaying an ad and before accessing PII; use application-specific or temporary device identifiers rather than unchangeable device-specific identifiers; and transmit user data securely, using encryption for permanent unique device identifiers and personal information.
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September 19, 2012 7:51 AM | Posted by Jill Westmoreland |
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Rep. Ed Markey (D-Mass.) introduced the Mobile Device Privacy Act ( H.R. 6377) which would require disclosure of the use of monitoring software on mobile devices; consent to the collection of information, including a user's location, that is collected using monitoring software; and information security policies and procedures to safeguard collected data.
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September 5, 2012 10:25 AM | Posted by Meg Charendoff |
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The rapid growth and expansion in the mobile market presents a number of privacy and security issues for mobile software developers, operators and advertisers/marketers who collect, store, use and share consumer information.
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August 27, 2012 10:39 AM | Posted by Ken Florin and James Taylor |
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Mobile advertising network Jumptap has added the AdChoices Icon to its mobile web and app advertising. The icon, developed by the Digital Advertising Association as part of its self-regulatory program, signals the use of online behavioral targeting and offers consumers information and the ability to opt out of tracking.
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July 12, 2012 4:55 PM | Posted by Julie Land |
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The New Jersey Assembly unanimously passed a bill May 24, 2012, that would prohibit sending text message advertisements to New Jersey residents without the recipients’ prior permission. If enacted, Assembly Bill No. 1218 could potentially broaden the scope of messaging services for which express consent is required.
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May 25, 2012 2:08 PM | Posted by Brian Nixon |
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On May 16, 2012, the PCI Security Standards Council (PCI Council) provided guidance to merchants as an initial step in identifying measures that can be taken to facilitate secure acceptance of payments using mobile devices such as smartphones or tablets at the point-of-sale. In particular, the PCI Council’s guidance is intended to provide merchants with actionable recommendations on accepting payments via mobile devices in a manner that comports with the PCI Data Security Standard (PCI DSS), which requires merchants to protect cardholder data (whether such information is printed, processed, transmitted or stored).
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May 23, 2012 4:52 PM | Posted by Brian Nixon |
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The Assistant Director of the Retail Payments Risk Forum of the Federal Reserve Bank of Atlanta, Cynthia Merritt, recently weighed in on the ongoing debate amongst policymakers and regulators surrounding the regulation of mobile payments in the United States. The commentary, posted on the Atlanta Fed’s Portal and Rails site, opines on whether regulatory agencies should introduce new regulations and supervisory guidance intended to specifically regulate mobile payments.
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March 26, 2012 1:43 PM | Posted by Nate Hole |
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In the latest video segment of our new Media MindShare Leadership Series, Loeb & Loeb attorney Nate Hole discusses social media partnerships and the importance of understanding the technology, how it works and what information it is gathering. Lisa Hatton Harrington, Vice President and Associate General Counsel of NBCUniversal – Digital Division, shares insights on the challenges her company faces in the social media realm, including issues in connection with deal of the day-type promotions, and compliance with regulations surrounding geolocation and collection of personally identifiable information.
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February 8, 2012 1:52 PM | Posted by Ken Florin |
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In the second video segment of Loeb & Loeb’s new Media MindShare Leadership Series, Kenneth Florin, partner and chair of the firm’s Advanced Media and Technology Department, and Christopher McCleary, Associate General Counsel of VISA Inc. discuss key challenges facing companies involved in mobile commerce today, as well as differences in the way it is being used in the U.S. and in developing countries across the globe.
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January 26, 2012 9:35 AM | Posted by James Taylor, Ken Florin and Seth Rose |
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What’s in store for e-commerce, mobile coupons and social media in 2012? In the first video segment of its new Media MindShare Leadership Series, Loeb & Loeb's Advanced Media and Technology attorneys and in-house counsel from Visa, Inc. and NBCUniversal – both major players in the digital media and technology landscape – discuss predictions for the new year, including what we can expect in terms of data security and data breach incidents, privacy legislation, and collection of personally identifiable information.
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October 24, 2011 4:52 PM | Posted by John Um |
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The Federal Trade Commission (FTC) announced a settlement with Frostwire LLC, a company that offers two free peer-to-peer file-sharing applications (“FrostWire Desktop” for PCs and “FrostWire for Android” for Android mobile devices). The FTC alleged that Frostwire’s software likely would cause consumers to unwittingly expose sensitive personal files stored on their mobile devices, and that it misled consumers about which downloaded files from their desktop and laptop computers would be shared with a file-sharing network.
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October 19, 2011 5:06 PM | Posted by Jill Westmoreland |
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The collection of information through mobile apps has been the topic of new federal legislation, Congressional hearings, and several class action lawsuits. On October 17, the Mobile Marketing Association (MMA), the global trade group for the mobile industry, released guidance in the form of an annotated privacy policy for mobile app developers. The MMA is seeking public comment on the guidance until November 18.
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August 31, 2011 3:21 PM | Posted by Michael Ridgway Jones |
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In the FTC’s first case involving mobile apps, the FTC announced on August 15 that a mobile app developer has agreed to pay $50,000 to settle FTC charges that it violated the Children’s Online Privacy Protection Act (COPPA) and the FTC’s COPPA Rule (16 C.F.R. § 312). The settlement also requires the defendants to refrain from future violations of the COPPA Rule and to delete all personal information collected in violation of the Rule.
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August 8, 2011 10:02 AM | Posted by James Taylor, Ken Florin and Ieuan Jolly |
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Bills limiting the use of geolocation information collected from mobile and other devices were introduced in both chambers of Congress in June. The Location Privacy Protection Act of 2011 (S. 1223) and the Geolocation Privacy and Surveillance (GPS) Act (H.R. 2168, S. 1212) both would limit the collection and use of data by mobile device manufacturers and others. In addition, The GPS Act would also prevent law enforcement from obtaining this data without a warrant.
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August 4, 2011 9:43 AM | Posted by Loeb & Loeb LLP |
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Loeb & Loeb's Advanced Media and Technology Group is proud to present the latest installment in our Media MindShare Thought Leadership Series, a collection of video interviews with Loeb & Loeb clients and attorneys discussing social media, mobile marketing, privacy, behavioral advertising and other issues of interest to Fortune 500 advertisers and advertising agencies.
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June 15, 2011 6:13 PM | Posted by Loeb & Loeb LLP |
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Loeb & Loeb's Advanced Media and Technology Group is proud to present the Mobile Messaging installment in our Media MindShare Thought Leadership Series, a collection of video interviews with Loeb & Loeb clients and attorneys discussing social media, mobile marketing, privacy, behavioral advertising and other issues of interest to Fortune 500 advertisers and advertising agencies.
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June 2, 2011 3:03 PM | Posted by Loeb & Loeb LLP |
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Loeb & Loeb's Advanced Media and Technology Group is proud to present the Mobile Messaging installment in our Media MindShare Thought Leadership Series, a collection of video interviews with Loeb & Loeb clients and attorneys discussing social media, mobile marketing, privacy, behavioral advertising and other issues of interest to Fortune 500 advertisers and advertising agencies.
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May 2, 2011 11:58 AM | Posted by Jill Westmoreland |
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Class action lawsuits have been filed against social networking sites Twitter and MySpace in federal district court, alleging violations of the Telephone Consumer Protection Act (“TCPA”). According to the Twitter complaint, plaintiffs signed up to receive text messages from Twitter. Later, plaintiffs decided to terminate the text message program by texting “STOP” in response to one of the texts from Twitter. Twitter then sent a text message to plaintiffs confirming that they had opted-out of receiving future text messages.
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April 15, 2011 2:13 PM | Posted by Jill Westmoreland |
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California has become the first state to introduce legislation aimed at providing internet users with a method to prevent the collection and use of certain personal information, including personal identifiers, and online search and browsing habits. The new legislation, S.B. 761, was introduced by Sen. Alan Lowenthal and mirrors the federal “Do Not Track” legislation ( H.R. 654) introduced by Rep. Jackie Speier in February 2011.
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February 18, 2011 3:17 PM | Posted by Loeb & Loeb LLP |
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Loeb & Loeb's Advanced Media and Technology Group is proud to present our Media MindShare Thought Leadership Series, a collection of video interviews with Loeb & Loeb clients and attorneys discussing social media, mobile marketing, privacy, behavioral advertising and other issues of interest to Fortune 500 advertisers and advertising agencies.
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June 15, 2010 3:51 PM | Posted by Loeb & Loeb LLP |
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AT&T announced on June 2 that it is phasing out unlimited data plans for wireless service. The New York Times reported that mobile app developers worry that if all wireless service providers adopt a similar pricing plan, customers will be reluctant to download and use the most bandwidth-intensive apps and that developers will cut back on innovative new features that would push customers over the new limits.
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