U.S. Legislation

Considering the privacy concerns raised by data brokers, we thought it would be useful to compare how data brokers are treated under Senator Edward Markey’s recent data broker bill, which has considerable support from privacy and consumer advocates (as well as Senators Blumenthal, Franken, and Whitehouse), and under the Consumer Privacy Bill of Rights. The different receptions […]

This afternoon the White House released a discussion draft of its Consumer Privacy Bill of Rights Act. Jules Polonetsky and Chris Wolf issued the following response: Today’s release of the text of Consumer Privacy Bill of Rights demonstrates the U.S.’s continuing commitment to advance privacy protection for consumers. Although the current system of FTC enforcement actions […]

At today’s FCBA brown bag lunch, FCC Enforcement Bureau Chief Travis LeBlanc discussed the Commission’s recent entrance into privacy enforcement and fielded questions as to what companies might do to avoid running afoul of the Enforcement Bureau. LeBlanc emphasized the innovation continues to outpace regulators, noting that much of the Commission’s investigative and enforcement work […]

I had the pleasure of participating recently at a Georgetown Law Center conference called “Privacy Act @40.”  My panel was on “Looking Ahead,” and my comments focused on new ways that the United States is (and can) extend appropriate privacy rights to citizens of other countries. Today, just a couple of weeks later, Google has […]

However we want to define “Big Data” – and the FTC’s latest workshop on the subject suggests a consensus definition remains elusive – the path forward seems to call for more transparency and the establishment of firmer frameworks on the use of data. As Chairwoman Ramirez suggested in her opening remarks, Big Data calls for […]

Lessons from Fair Lending Law for Fair Marketing and Big Data Where discrimination presents a real threat, big data need not necessary lead us to a new frontier. Existing laws, including the Equal Credit Opportunity Act and other fair lending laws, provide a number of protections that are relevant when big data is used for […]

Yesterday, the House of Representatives Education Subcommittee on Early Childhood, Elementary, and Secondary Education and the Homeland Security’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint hearing to discuss “How Data Mining Threatens Student Privacy.” Four witnesses presented testimony from a number of perspectives: (1) Joel R. Reidenberg, Chair and Professor of […]

Civil rights groups have recently highlighted the importance of respecting civil rights in this era of “big data” . The White House has echoed these concerns in its Big Data Privacy Review. As supporters of the benefits of responsible data use, we thought it would be helpful to companies and advocates to have a convenient list of existing […]

Last month, Attorney General Schneiderman made waves when he subpoenaed data on 15,000 New York City-based users of Airbnb, the service best known for allowing people to rent out their spare bedrooms or their homes while on vacation. The Attorney General is seeking to identify local landlords that are using Airbnb’s service to regularly rent […]

Next Tuesday, The Federal Trade Commission will host a workshop on the “Internet of Things,” (IoT), the name commonly used to describe the next generation of connected (or “smart”) devices.  As we enter the age of the Internet of Things, soon our homes will know about our energy consumption habits, our cars will know how […]