April 2013

Executive Order 13,636 on Improving Critical Infrastructure Cybersecurity directs the National Institute of Standards and Technology (“NIST”) to develop a Cybersecurity Framework  of standards, methodologies, and processes for addressing cybersecurity risk.  It also charges the Department of Homeland Security with developing a Critical Infrastructure Cybersecurity Program to promote adoption of the Cybersecurity Framework by critical

Speaking at a seminar hosted by the International Association of Privacy Professionals, Assistant Director Chris Olsen and Senior Attorney Peder Magee, both of the Federal Trade Commission’s Division of Privacy and Identity Protection, provided a useful overview of the FTC’s recent enforcement actions and current enforcement priorities.  Based on this discussion, the following infographic identifies the

Yesterday, a bill that would reform the Electronic Communications Privacy Act of 1986 (“ECPA”) was approved by the Senate Judiciary Committee on a voice vote. Under ECPA, as it currently stands, police need only a subpoena, issued without approval by a judge, to access private e-mails that have already been opened or that are more

In the wake of the Boston marathon bombings and in response to the quick work of law enforcement officials who were significantly aided in their identification of the suspected bombers by videos from government- and privately owned surveillance cameras, there has been renewed public discussion regarding the privacy implications of the proliferation of security cameras.

The Federal Trade Commission has released its much anticipated revised COPPA FAQs.  Although these FAQs are not legally binding, they provide informal guidance to industry on staff’s interpretations of the COPPA Rule.  For the most part, the FAQs reiterate past guidance and emphasize key provisions of the new COPPA Rule and its Statement of Basis and Purpose.  However, here are 5 key

Last week, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) published in the Federal Register a joint rule requiring entities regulated by the agencies to adopt programs to detect and prevent identity theft.  The rule is referred to as the “red flags rule” and applies to certain broker-dealers, mutual funds, investment advisers, futures

On Tuesday, Microsoft announced a deal with ZTE under which ZTE will license Microsoft’s worldwide patent portfolio for use in cell phones, tablet computers, and other devices running the Android and Chrome operating systems.  Although the terms of the ZTE deal were not released, Microsoft’s agreements with other device manufacturers have required a royalty payment