Category Archives: Privacy

Strahilevitz & Liu paper offers theory for Article III standing in data breach cases

Lior Strahilevitz of Chicago and Lisa Yao Liu of the Columbia Business School have written Cash Substitution and Deferred Consumption as Data Breach Harms. Here’s the abstract: Federal courts have long been divided over whether consumers whose data are breached suffer an “injury in fact” that gives them standing to sue under Article III of the […]

Solove & Hartzog: The Failure of Data Security Law

Daniel J. Solove of George Washington Woodrow Hartzog of Boston University and the Stanford Law School Center for Internet and Society have posted on SSRN a chapter from their book, Breached! Why Data Security Law Fails and How to Improve It. The chapter is titled The Failure of Data Security Law. Here’s the abstract: In […]

9th Cir. grants en banc review to consider personal jurisdiction over online businesses

The Ninth Circuit Court of Appeals last week granted en banc review in a case called Briskin v. Shopify, to consider whether a state may exercise specific personal jurisdiction over a defendant that unlawfully uses its nationally accessible web platform to extract data from in-state consumers. As reporter Alison Frankel of Reuters wrote, “The court’s […]

FCC fines the wireless carriers for illegally sharing customers’ location information

The Federal Communications Commission announced yesterday that it fined the nation’s largest wireless carriers for illegally sharing access to customers’ location information without consent and without taking reasonable measures to protect that information against unauthorized disclosure. Sprint and T-Mobile – which have merged since the investigation began – face fines of more than $12 million […]

FTC’s updated Health Breach Notification Rule covers app developers

The Federal Trade Commission just updated its Health Breach Notification Rule to revise definitions and clarify its coverage to include developers of health mobile apps and other technology. The rule, which requires vendors to notify affected consumers and the FTC following a data breach affecting personal health records, also requires additional information in notices to […]

WaPo reports congressional deal on consumer online privacy bill

Here (behind paywall). According to the article, the bill would preempt state privacy laws and provide for a private cause of action. The bill enjoys support from Senate Commerce Committee chair Maria Cantwell, a Democrat, and House Energy and Commerce Committee chair Cathy McMorris Rodgers, a Republican. Whether it will pass in a presidential election year […]

A CFPB proposed rule on data broker practices is on its way

For awhile now, the Consumer Financial Protection Bureau has been scrutinizing the role and responsibilities of data brokers in collecting and selling consumers’ personal data. In a message at the White House Office of Science and Technology Policy this week, CFPB Director Rohit Chopra said that a proposed rule to provide greater oversight of third-party […]

CFPB identifies financial and privacy risks to consumers in video gaming marketplaces

The Consumer Financial Protection Bureau has issued a report examining the growth of financial transactions in online video games and virtual worlds. “These platforms increasingly resemble traditional banking and payment systems that facilitate the storage and exchange of billions of dollars in assets, including virtual currencies. However, consumers report being harmed by scams or theft […]

Study finds cybersecurity doesn’t have significant impact on identity theft

A. Oloyede, I. Ajibade, C. Obunadike, A. Phillips, O. Shittu, E. Taiwo, all of Austin Peay State University, and S. Kizor-Akaraiwe of the University of Washington have written A Review of Cybersecurity as an Effective Tool for Fighting Identity Theft across United States, 12 International Journal on Cybernetics and Informatics, No.5, (October 2023). Here is […]

New FTC rule protects businesses from telemarketing fraud and affirms protections against AI-enabled scam calls

The Federal Trade Commission announced on Thursday a final rule extending telemarketing fraud protections to businesses. The FTC also announced a proposed rule that would provide the agency with significant new tools to combat tech support scams. Both actions are part of the FTC’s review of the Telemarketing Sales Rule, which includes the Do Not […]