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Publications
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04.19.2024The American Privacy Rights Act: Could This Be the One?UpdatesSen. Maria Cantwell (D-WA) and Rep. Cathy McMorris Rodgers (R-WA) released a discussion draft of the American Privacy Rights Act on April 7, 2024. This announcement of a bipartisan, bicameral proposal for a federal comprehensive consumer privacy law was a significant—and unexpected—development in longstanding efforts to adopt federal privacy legislation.
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03.18.2024FTC Obtains $16.5M from Avast for Sale of Sensitive DataBlogsOne month after the February 22, 2024, announcement of enforcement actions against data brokers X-Mode and InMarket Media, the Federal Trade Commission (FTC) announced a complaint and proposed consent order requiring software security company Avast Limited and two subsidiaries, Avast s.r.o. and Jumpshot, Inc. (collectively, Avast), to pay $16.5 million to resolve allegations that they unfairly and deceptively sold granular, reidentifiable web browsing data for advertising purposes.
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02.15.2024Two New States Enter the Privacy FrayBlogsBuilding off of the momentum from last year’s torrent of new comprehensive state privacy laws, 2024 has begun with a bang as two more states have now entered the picture.
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01.26.2024The FTC Continues its Focus on Location and Sensitive DataBlogsLess than 10 days after announcing its complaint and proposed settlement against location data broker X-Mode, the Federal Trade Commission (FTC) followed its recent spate of enforcement in the location and sensitive data space with the announcement of another enforcement action and proposed settlement with InMarket Media, Inc. (InMarket).
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01.17.2024FTC Cracks Down on Collection and Sharing of Sensitive Location Data With Proposed X-Mode SettlementBlogsOn January 9, 2024, the Federal Trade Commission (FTC) announced its complaint and proposed settlement with location data broker X-Mode Social, Inc. and its successor Outlogic, LLC (collectively X‑Mode).
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01.05.2024FTC Proposes Changes to COPPA RuleUpdatesThe Federal Trade Commission gave privacy lawyers a long-awaited Christmas present on December 20, 2023: its notice of proposed rulemaking to amend the Children’s Online Privacy Protection Act Rule. The NPRM follows a review of the COPPA Rule initiated by the FTC four years ago and the submission of over 175,000 public comments.
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11.13.2023The New Health Privacy Landscape—Out of the Frying Pan and Into the FireUpdatesJust a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information was regulated under HIPAA. Today, by contrast, the privacy of health-related personal information is under close scrutiny by the FTC, the U.S. Department of Health and Human Services’ Office for Civil Rights and state regulators.
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04.25.2023Ten Takeaways From the 2023 IAPP Global Privacy SummitBlogsInternational, federal, and state privacy regulators highlighted their ambitious agendas at the 2023 IAPP Global Privacy Summit in Washington, D.C.
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03.28.2023Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action LitigationUpdatesThis Update discusses a spate of recent class action lawsuits asserting claims under the Video Protection Privacy Act.
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03.07.2023FTC's Second Settlement in Weeks Highlights Scrutiny on Businesses Processing Health Data for AdvertisingUpdatesThe Federal Trade Commision announced a proposed complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to third-party advertising platforms.
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02.07.2023Almost There and Starting Again: CPPA Votes To Finalize Regulations and Launches Round TwoBlogsThe Board of the California Privacy Protection Agency (CPPA) approved a rulemaking package covering Sections 7000–7304 of their draft regulations on February 3, 2023.
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02.07.2023California Attorney General Targets Popular Mobile Apps in CCPA Enforcement SweepBlogs
As it did last year, the California Attorney General’s Office recognized Data Privacy Day by announcing its latest investigative sweep under the California Consumer Privacy Act (CCPA).
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10.14.2022Western States Continue To Shape US Privacy Landscape: Colorado CPA and California CPRAUpdates
The Colorado attorney general’s office sent shockwaves throughout the privacy world on Friday, September 30, 2022, when it published its proposed Colorado Privacy Act draft rules.
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09.06.2022FTC Sues Data Broker for Alleged Unfair Act of Selling Precise Geolocation DataUpdatesThe Federal Trade Commission filed a lawsuit on August 29, 2022, against data broker Kochava Inc., alleging that the company’s sale of precise geolocation data is an unfair act or practice that violates Section 5 of the FTC Act.
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08.16.2022FTC Kicks Off Wide-Ranging Privacy RulemakingUpdatesThe Federal Trade Commission released an advance notice of proposed rulemaking on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party line vote, is the initial step in a process that could result in the adoption of the first federal regulation addressing privacy, data security, and algorithmic discrimination across broad sectors of the U.S. economy.
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06.29.2022California’s Consumer Privacy Protection Agency Publishes First Set of Draft CPRA RegulationsUpdatesLast week, the Consumer Privacy Protection Agency (Agency) Board rounded out the first half of 2022 by releasing draft California Privacy Rights Act (CPRA) regulations. This first set of CPRA regulations focus on updating existing California Consumer Privacy Act (CCPA) regulations to account for the new provisions of the CPRA and addressing specific areas such as Agency audits and enforcement.
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05.24.2022FTC Scrutinizing Ed Tech Providers and EndorsementsUpdatesIn its most recent open meeting, the Federal Trade Commission (FTC) unanimously (1) issued a COPPA policy statement directed at ed tech providers and (2) proposed amendments to the Endorsement Guides, which address influencer advertising on social media and consumer reviews.
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04.25.2022Growing Pains: New Self-Regulatory Framework for Teenage Privacy ProposedUpdatesThrough its newly launched Center for Industry Self-Regulation (CISR), BBB National Programs announced the launch of the TeenAge Privacy Program (TAPP).
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08.2020The Business and Law of Fashion and Retail
Book Chapter
Carolina Academic PressContributor, "Chapter 11: Privacy" -
10.16.2019New California Ballot Initiative Contemplates Stricter Privacy RequirementsUpdatesA new California privacy ballot initiative has been introduced by real estate developer and privacy rights advocate, Alastair Mactaggart.
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04.19.2019What We Heard At The FTC Hearings: Days 20 And 21Articles
Law360
On April 9 and 10, 2019, the Federal Trade Commission focused on the agency’s approach to consumer privacy at the 12th hearing in its “Hearings on Competition and Consumer Protection in the 21st Century” series. The hearing occurred at a potentially pivotal time with respect to the regulation of consumer privacy in the United States. -
11.21.2018What We Heard at the FTC Hearings: Days 9, 10 And 11Articles
Law360
The sixth hearing in the Federal Trade Commission’s “Competition and Consumer Protection in the 21st Century” series, took place Nov. 6 - 8, 2018. -
10.25.2018All I Want for Christmas…Is a New Privacy Law?UpdatesBeyond preparing for this year’s holiday rush, retailers around the country have started thinking about potential changes to their operations in response to California’s sweeping new consumer privacy law.
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06.11.2018Use a Third-Party Platform? You Might Be a “Data Controller”UpdatesThe European Union’s top court ruled last week that the operator of a Facebook fan page is a “joint controller,” along with Facebook, with respect to personal data collected on such pages.
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Summer 2017Tracking the Past and Future of Interest-Based AdvertisingArticles
Antitrust
American Bar Association
For almost as long as Americans have looked to the Internet for news, weather, sports scores, and other valuable and entertaining information, online advertising has fueled the availability of such content. Initially, ads were customized—if at all—only on the basis of the site the user was viewing. Advertisers had little insight into how effective their ads were or how users interacted with them. -
10.07.2015Navigating the Unsafe Harbor: Keep Calm and Carry OnUpdatesThe Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework.
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05.08.2015FTC Ramps Up Scrutiny of Retail Location AnalyticsUpdatesTo improve customer experience and understand customers’ movements and interactions on their premises, retailers, hotels and other brick-and-mortar businesses increasingly use signals from mobile devices to observe their customers’ movements.
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05.05.2015Consumer Privacy and Broadband: The Debate BeginsUpdatesPrivacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that take a page out of the playbook of the Federal Trade Commission (FTC), the FCC’s recent Open Internet Order for the first time imposes the privacy obligations of Section 222 of the Communications Act of 1934, as amended (the Act) on broadband Internet service providers.
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12.11.2014Top 12 Ways Retailers Can Address Privacy Issues This Holiday SeasonUpdatesIn this installment of “Perkins Coie Wrapping Papers,” we take inspiration from “The Twelve Days of Christmas” to provide an overview of the top twelve privacy and data security issues retailers should consider as the year comes to a close.
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04.03.2014FCC Clarifies TCPA MandatesUpdatesThe FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language and reasoning that will be helpful for businesses looking for ways to reach their customers without running afoul of the TCPA.
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12.09.2013New California Advertising and Privacy Laws: What’s Your Compliance Plan?UpdatesCalifornia recently enacted two laws regarding Do Not Track Transparency and Advertising to Minors that will have a significant impact on all companies that operate commercial websites, host mobile applications or provide advertising or analytics technology services.
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08.05.2013Federal Trade Commission Issues Revised Guidance on COPPA RuleUpdatesOn July 1, 2013 the FTC’s amended COPPA Rule went into effect. On the same day, the commission also released a six-step compliance plan to aid businesses in complying with the new rule. On July 26, the commission issued further guidance on the rule, particularly as it applies to social network plug-ins and ad networks, in the form of updated FAQs.
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07.30.2013New Self-Regulatory Rules for Mobile Apps: What Your Company Needs to KnowUpdatesEven as efforts to achieve industry-wide consensus on Do Not Track appear to be stalling, self-regulatory associations are forging ahead with their own rules governing online and mobile data collection. On July 24, the Digital Advertising Alliance (DAA) and the Network Advertising Initiative (NAI) each released rules governing the use of data collected through mobile applications.
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07.22.2013An Uncertain Future for Do Not TrackUpdatesOn Tuesday, July 16, 2013 the Tracking Protection Working Group of the World Wide Web Consortium (W3C) rejected a proposal put forward by the Digital Advertising Alliance (DAA) to reframe the activity covered by Do Not Track (DNT) signals.
Presentations
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12.13.2023
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06.07.2023Demystifying Washington State’s My Health, My Data ActWebinarsThe recently enacted My Health, My Data Act (MHMD) will regulate the collection, use, sharing, analysis, and sale of health-related data of individuals in Washington state and beyond.
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06.01.2023 – 06.02.202321st Annual Rocky Mountain Intellectual Property & Technology Law Institute
Sponsorship
Colorado Bar Association / Denver, COPerkins Coie was proud to be a presenting sponsor of the 21st Annual Rocky Mountain Intellectual Property & Technology Law Institute on June 1-2, 2023, at the Westin Westminster Hotel in Denver, Colorado. -
02.17.2021Privacy Law Considerations for Social Media and Mobile AppsSpeaking Engagements
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12.09.2020Privacy for Retail Roundtable: Preparing for the CPRAWebinarsThis Privacy for Retail roundtable discusses the new California Privacy Rights Act (CPRA) and its impact on the retail industry.
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10.08.2020Hot Topics and Legal Trends in AI and AdvertisingWebinarsCustomers today expect services and products to be personalized and relevant, which makes AI and machine learning in advertising even more important.
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11.04.2019 - 11.06.2019Data Collection, Use & Marketing: Targeting/Retargeting & Behavioral ControlSpeaking Engagements
Sponsorship
2019 ANA/BAA Marketing Law Conference / San Diego, CA -
11.04.2019 - 11.06.2019Price and Sales AdvertisingSpeaking Engagements
Sponsorship
2019 ANA/BAA Marketing Law Conference / San Diego, CA -
10.26.2016Native AdvertisingSpeaking EngagementsPrivacy + Security Forum 2016Lead a discussion with Mary Engle, Associate Director, Division of Advertising Practices, Federal Trade Commission, on Native Advertising issues.
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04.12.2016FTC Truth-in-Advertising Principles for Technology FirmsSpeaking EngagementsIn-House Seminar / San Francisco, CA
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02.23.2016Consumer Protection and Kids: More Than COPPASpeaking EngagementsPresenter
In-House Seminar / Silicon Valley, CA
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01.28.2016Ad Targeting 101Presenter
In-House Seminar / Los Angeles, CA -
10.29.2015The Future of Customer Data in Retail: Legal Issues in New TechnologiesPresenter
Retailers Industry Leaders Association / San Antonio, TX -
09.30.2015I See You Here, I See You There, I Can See You Everywhere: The Privacy Implications of Cross-Device TrackingModerator
International Association of Privacy Professionals / Las Vegas, NV -
04.22.2015The Truth About FTC False Advertising LawPresenter
In-House Seminar / Silicon Valley, CA -
01.14.2015Privacy Issues in MarketingSpeaking EngagementsAssociation of Corporate Counsel, Arizona Chapter / Phoenix, AZIn the age of “big data,” companies increasingly seek new ways to understand their customers and their behaviors, and to reach them in myriad ways, including online, offline and through their mobile devices. Advances in technology present ever more sophisticated ways to reach present and potential customers.
