Here Come the Proposed CCPA Regulations We’ve All Been Waiting For

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After a long wait, the California Attorney General’s (AG) office held a news conference on October 10, 2019, and published proposed regulations implementing the California Consumer Privacy Act (CCPA). Companies gearing up for CCPA’s January 1, 2020, effective date should quickly review and assess the proposed regulations’ potential effects on their operations and consider attending upcoming public hearings or submitting public comments by December 6, 2019.

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The FCC’s “Restoration of Internet Freedom Order” Largely Survives on Appeal; But Net Neutrality is Not Dead Yet

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On October 1, the U.S. Court of Appeals for the D.C. Circuit released a long awaited decision in Mozilla Corporation v. FCC that largely upheld most aspects of the Federal Communications Commission’s 2018 “Restoring Internet Freedom Order”  While FCC Chairman Pai quickly claimed victory, the nearly 200 page decision was in several areas quite critical of the FCC’s process, as well as the agency’s reasoning or the lack of discussion or support in the record for several of the Order’s determinations. Although these defects were not sufficient for the Court to reverse the Order on review, the Court nevertheless agreed with petitioners on several issues, discussed below, and remanded them to the agency for additional consideration.

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NIST Unveils IoT Baseline of Core Cybersecurity Features for Comment

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In a release aptly labeled “A Starting Point for IoT Device Manufacturers” the National Institute of Standards and Technology (NIST), an arm of the Department of Commerce, recently added to the discussion with the publication. NIST sought to provide IoT device manufacturers a better understanding of appropriate cybersecurity features for the vast and constantly proliferating range of IoT devices. NIST’s fundamental purpose is to improve the securitibility of IoT devices and to identify, in general terms, the features that can be designed so that customers can better use them to manage cybersecurity risk profiles.

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DOJ White Paper Answers Questions about the Scope and Applicability of the CLOUD Act

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Last year Congress enacted the CLOUD Act (the Clarifying Lawful Overseas Use of Data Act) to clarify the means for foreign legal authorities to access electronic information held by U.S.-based global providers. The U.S. Department of Justice (DOJ), in April 2019, issued a White Paper entitled “Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act.” This White Paper lays out the policy and legal reasons for enactment of the CLOUD Act, and explains how the CLOUD Act overlays and interacts with existing laws and established inter-governmental practices.

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FTC: “Illegal Robocallers, You’re Out”

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In an active week of FTC announcements, the agency on March 26, 2019, announced four major settlements with entities that were responsible for billions of illegal robocalls made to consumers nationwide. The entities targeted by the agency initiated illegal robocalls across a number of industries – they pitched auto warranties, debt-relief services, home security systems, fake charities, and Google search results services. These settlements resolved FTC allegations that the defendants had violated the FTC Act and the FTC’s Telemarketing Sales Rule.

In Veterans of America, the FTC’s complaint against Travis Deloy Peterson alleged that he “created and used a series of corporate entities and fictitious business names that sound like veterans’ charities to operate a telemarketing scheme that used robocalls to trick generous Americans into giving their vehicles or other valuable property to him” since at least 2012. The settlement includes a monetary judgment of $541,032.10 and would permanently ban defendant Peterson or his employees or contractors from soliciting charitable contributions, making misrepresentation in advertising or promoting any good or service, initiating robocalls, and engaging in deceptive and abusive telemarketing.

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FTC Seeks Information from Platform-Based ISPs about Their Privacy Practices

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Following congressional hearings last month on potential federal data privacy legislation − Hearing on Policy Principles for a Federal Data Privacy Framework in the United States before the Senate Committee on Commerce, Science, and Transportation; Hearing on Improving Data Security at Consumer Reporting Agencies before the House Subcommittee on Economic and Consumer Policy − the Federal Trade Commission (FTC) on March 26, 2019, announced the initiation of a study concerning the privacy policies, procedures, and practices of seven internet service providers (ISPs). The FTC has used this process in other industries or areas of focus to gather information that it may later share in a public report.

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