In May, the IRS issued a private letter ruling to an individual taxpayer regarding the deductibility of 23andMe’s at-home DNA test kits under section 213(d) of the Code, which permits the deduction of medical expenses. In the ruling, the IRS determined that an allocable portion of the purchase price may be treated as a deductible
July 2019
CJEU rules that Facebook and website operators are joint controllers if the website embeds Facebook’s “Like” button
On July 29, 2019, the Court of Justice of the European Union (“CJEU”) handed down its judgment in the Fashion ID case (Case C-40/17). The CJEU found that when a website operator embeds Facebook’s “Like” button on its website, Facebook and the website operator become joint controllers. The case clarifies the relationship between website operators…
Senate Commerce Committee Unanimously Passes Two Bipartisan 5G Bills
Last week, the Senate Commerce Committee held a markup where it unanimously passed two pieces of legislation aimed at improving U.S. fifth-generation wireless network (5G) security measures out of committee: the Secure 5G and Beyond Act (S. 893) and the United States 5G Leadership Act (S. 1625). These bills—passed as Congress, the Administration, and…
Italian Supervisory Authority Issues Judgment Concerning ‘Right to be Forgotten’
By Dan Cooper
On July 22, 2019, the Italian supervisory authority for data protection (“Garante”) issued a judgment involving the so-called “right to be forgotten”. The Garante’s decision explores the boundaries of this right in a case in which Internet users could access an article by using a professional position as a search term, whereas it was not…
Covington Alert: DOJ to Credit Compliance Programs and Consider Deferred Prosecution Agreements in Cartel Cases
On July 11, 2019, Assistant Attorney General Makan Delrahim announced fundamental and sweeping changes to the Division’s approach to corporate compliance policies that will bring it into line with other Department of Justice branches. In every case, the Division will now consider compliance programs in deciding whether to file criminal charges and in calculating fines.…
European Commission Issues Report on the Implementation of the GDPR
On July 24, 2019, the European Commission (“the Commission”) published a report appraising Europe’s progress in implementing the General Data Protection Regulation (“GDPR”) as a central component of its revamped data protection framework. In its report, the Commission highlights certain achievements resulting from implementation efforts, calls attention to issues that require further action, and describes…
IoT Update: Federal Lawmakers Focus on Smart Cities
By Jayne Ponder
IoT Update: Federal Lawmakers Focus on Smart Cities
Since the beginning of the year, lawmakers in this Congress have introduced a number of proposals to study, cultivate, and guide the growth of smart cities. This blog post summarizes seven smart cities bills introduced in this Congress. Some bills focus broadly on Federal efforts to…
French medicines regulator produces first in Europe medical devices cybersecurity guidelines
France’s medicines regulator, the Agence Nationale de Sécurité du Médicament et des Produits de Santé (ANSM), has released draft guidelines, currently subject to a public consultation, setting out recommendations for manufacturers designed to help prevent cybersecurity attacks to medical devices. Notably, the draft guidelines are the first instance of recommendations released by a national…
European Data Protection Board Issues Opinion on U.S. CLOUD Act
On July 10, 2019, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint assessment of the impact of the U.S. Clarifying Overseas Use of Data Act (“CLOUD Act”) on the legal framework for the protection of personal data in the EU.
The EDPB is an independent body composed…
A Potentially New Tanker War
It was not exactly a scene out of “Captain Phillips,” but it was still dramatic. Aired on Iranian state TV on July 20th, the UK-flagged oil tanker Stena Impero is seen in the background, flanked by a flotilla of fast-moving Iranian Islamic Revolutionary Guards Corps (IRGC) boats. Simultaneously, an Iranian Mi-17 helicopter variant hovers over…