Last week, iPhone and iPad App users filed two separate class action complaints against Apple and iOS App developers in the Northern District of California. (The complaints are currently captioned Freeman v. Apple, Inc. and Lalo v. Apple, Inc.) In both, the plaintiffs charge the defendant App developers with accessing and sharing personal
2010
Michigan Amends Identity Theft Protection Act
Michigan Governor Jennifer Granholm has signed a legislative measure [PDF] that amends the state’s 2004 Identity Theft Protection Act (the “ITPA”). The measure, which was enacted to combat phishing scams and other online fraud, amends the ITPA in several significant respects:
- The new legislation makes it unlawful to gather personally identifying information through e-mail, a website,
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New Canadian Law Regulates Spam
After much mulling, the Canadian Parliament passed, on December 16, Bill C-28, the Fighting Internet and Wireless Spam Act, which creates a new regime for businesses engaged in online marketing. The legislation regulates commercial “electronic messages,” a term defined broadly to include e-mail, instant messaging, text messages, and messages on “any similar account” —…
Taiwan Law Expands In Scope And Gains Teeth
Taiwan’s legislature has been working on beefing up the country’s data protection laws and a new data privacy law is expected to come into force next year. The new law is wide-ranging in scope and touches all public and private sector operators dealing with personal information, as opposed to the former legislation, which covered only…
Canadian Court Orders Consumer Credit Agency To Pay Damages Under PIPEDA
On December 20, 2010, the Federal Court of Canada fined consumer credit agency TransUnion of Canada Inc. under Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). TransUnion was ordered to pay approximately $5,000 to a consumer who was unable to secure a loan after TransUnion reported inaccurate credit information to his bank.
The negative information…
The FTC Seeks To Recover Millions Of Dollars In Unauthorized Charges
Last week, the FTC filed a complaint against an Internet-based enterprise that allegedly caused hundreds of thousands of consumers to pay millions of dollars in unauthorized credit card charges. According to the complaint, the defendants’ websites advertise the availability of government grants to pay personal expenses and offer “free” information at no risk. The websites…
Court Holds Subscribers Consented to “Deep Packet Inspection”
The United States District Court for the District of Montana has dismissed [PDF] several class action claims against the Internet service provider Bresnan Communications arising out of its partnership with the controversial (and now defunct) online advertising firm NebuAd. Bresnan subscribers alleged that the ISP allowed NebuAd to test a system to profile subscribers’ online activity using deep…
FTC’s Chief Technologist Explains “Do Not Track”
In an interview with ClickZ, the FTC’s incoming chief technologist, Edward Felten, provides insight into the scope of the Commission’s proposed “Do Not Track” mechanism and how compliance could be enforced. Felten makes three key points:
- The proposed mechanism applies only to third-party tracking for behavioral advertising. It would not apply to a
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Commerce Privacy Report Comments Due January 28
The Department of Commerce’s request for comments on its “green paper” regarding Internet privacy was just published in the Federal Register. Comments on the paper are due January 28, 2011.
More information and Covington’s analysis of the green paper are available in our earlier post.
President Signs Into Law Legislation Narrowing Scope of Red Flags Rule
By Mike Nonaka
Over the weekend, President Obama signed into law the “Red Flag Program Clarification Act of 2010.” The Act is intended to narrow the types of entities that are subject to the Federal Trade Commission’s Red Flags rule, which requires financial institutions and creditors to take certain steps to prevent identity theft. More information on the…