Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Category Archives: Advertising & Product Risk Management

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FBI and FTC on Privacy Risks Stemming from “Smart” Toys

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Privacy
Earlier this month, the Federal Bureau of Investigation (FBI) issued a public comment about privacy, cybersecurity, and safety risks associated with internet-connected toys.  The FBI’s comment builds on the Federal Trade Commission’s recent amendment to the Children’s Online Privacy Protection Act (COPPA), which explicitly states that connected toys are deemed “websites or online services” subject… Continue Reading

Recent IoT Device Cases

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
“There are many ways to surveil each other now, unfortunately,” including “microwaves that turn into cameras, et cetera.  So we know that that is just a fact of modern life.”  Kellyanne Conway, March 12, 2017 Interview with New Jersey’s The Record. Data from microwaves-turned-cameras has yet to appear in court, but data from other IoT devices… Continue Reading

Gunning For An Anonymous Internet Defamer or Infringer’s Identity …

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
… outside your main jurisdiction can have collateral consequences. In Gunning v. Doe, 2017 WL 1739442 (Me. May 4, 2017), Maine’s highest court just dodged the issue of the applicable First Amendment test for the disclosure of an anonymous speaker accused of defamation.  Instead, it deferred to California’s test.  Why?  Collateral estoppel:  the defamation plaintiff… Continue Reading

Can You Copyright Infringe Anonymously?

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
Yesterday, the Sixth Circuit heard an anonymous copyright infringement case of first impression. See Signature Management Team, LLC v. Doe, No. 16-2188 (6th Cir.). The issue: whether an adjudicated copyright infringer can remain anonymous. The infringer said he can. “John Doe” appeared in the case through counsel and defended against Signature’s infringement claim. He lost.… Continue Reading