Law360, New York (September 11, 2015, 4:57 PM ET) — Some attorneys have figured out how to use their Twitter accounts to build their personal brand and network with peers and prospective clients, while also pumping out tweet after tweet of legal insight and hilarious anecdotes. The full article is available here.
My latest Article in the Illinois Bar Journal entitled – Getting Smart about Smart-Device #Privacy, discusses wide range of legal and regulatory issues around privacy and security affecting the “Internet of Things.” This overview identifies risks and suggests some best practices for addressing privacy and security issues raised by IoT devices.
Illinois Bar Journal April 2016 • Volume 104 • Number 4 • Page 48
Full article available here.
In case you missed it, Ken Dort at Drinker Biddle held a discussion covering high points of the EU/US Privacy Shield. Talking points covered:
1. Application Overview
2. Certification Issues
3. Privacy Shield Principles and Supplemental Principles
4. Implementation Timelines (Expected)
5. Best Practices Going Forward Pending Implementation
The draft EU-U.S. Privacy Shield “adequacy decision” includes the Privacy Shield Principles companies must follow. Suggested Best Practices for compliance with EU-U.S. Privacy Shield Principles include: evaluating disclosures about data collection and use to determine whether they are sufficiently clear and evident to consumers, and 2) giving strong consideration for implementation of a formal opt-in mechanism. European government trade regulators are concerned about whether consumers are being sufficiently informed about the nature and scale of data collection.
Ken graciously provided this great list of resources for the discussion:
As part of Adler Law Group’s Privacy & Information Security Practice, we continue to follow the developments in this area. We can help you review, enhance and adopt standardized contracts and implement methodologies for approaching these challenges by setting objectives, determining scope, allocating resources, and developing agreements that will efficiently and effective manage risks.
Very good discussion of the technical issues behind the privacy issues.
Earlier today, a federal judge ordered Apple to comply with the FBI’s request for technical assistance in the recovery of the San Bernadino gunmen’s iPhone 5C. Since then, many have argued whether these requests from the FBI are technically feasible given the support for strong encryption on iOS devices. Based on my initial reading of the request and my knowledge of the iOS platform, I believe all of the FBI’s requests are technically feasible.
The FBI’s Request
In a search after the shooting, the FBI discovered an iPhone belonging to one of the attackers. The iPhone is the property of the San Bernardino County Department of Public Health where the attacker worked and the FBI has permission to search it. However, the FBI has been unable, so far, to guess the passcode to unlock it. In iOS devices, nearly all important files are encrypted with a combination of the
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A recent article by Alexis Kramer, Legal Editor for Bloomberg BNA’s Electronic Commerce & Law Report, examines the nature of social media platform messenger applications and the move into e-commerce. This shift raises the implications for policing counterfeit goods and enforcement of online purchases.
The article entitled “E-Commerce May Come to Messaging Apps; Watch for Counterfeits and Contract Issues” highlights that “[b]uying and selling goods through messenger apps” … “is definitely the future of mobile.”
David M. Adler was interviewed for the article for insight around ecommerce legal issues, which include intellectual property and contractual issues, that arise when consumers transact business through messenger apps. Many of these issues were identified in his article Pinterest “Buyable Pins” And Ecommerce Liability.
The legal risks and issues vary widely depending on industry and product/service mix and encompass many interrelated areas of the law. Specifically, Adler inditified five main areas of concern for ecommerce, especially on mobile devices and/or through messenger apps:
- Trade & Commerce Issues (Brand protections)
- Online Agreements (limitations of liability)
- Intellectual Property Issues (content ownership and use)
- Privacy & Security (data gathering, usage, storage & sharing)
- Human Resources & Employment Issues (reputation and social media use)
Facebook, WeChat, Instagram, Snapchat, Twitter and other social networks already allow users to send payments to one another through private messages. New tools such as the Pinterest “Buy Now” pin, and Twitter’s direct messages, facilitate commercial transactions with consumers.
As the article notes “enabling retail transactions via chat” opens the door for more counterfeit goods, difficulty monitoring the sales channel, increasing difficultly of enforcing online purchase terms, and lack of visual space to properly notify customers of the terms and conditions.
‘‘All the issues you would have when conducting transactions over the Internet are magnified when you’re using a messenger app,’’ David Adler, principal of Adler Law Group in Chicago, said.
From healthcare apps, to mobile devices, to utilities, services are collecting and aggregating customer data across many different types of connected devices. Many mobile apps and services rely on a consumer’s location information. As more mobile apps connect to the Internet to send and receive location data, the FTC, legislators, privacy advocates, and others have identified location information as a particularly sensitive category of data. A recent study conducted by Carnegie Mellon University contained shocking revelations about the frequency with which location information is gathered and transmitted to companies through their mobile apps. At the same time, the recent settlement with in-store retail customer tracking provider Nomi highlights the FTC’s increased scrutiny of data gathering practices and disclosures of mobile application developers.
It is no secret that retailers could derive significant business intelligence from the real-time moments through stores. This is one of the areas around which companies innovate around customers’ private information. For example, Nomi Technologies, a company whose technology allows retailers to track consumers’ movements through their stores, made headlines when it agreed to settle Federal Trade Commission charges that it misled consumers about opting out of their tracking services. This is not why you want to have your company’s innovations in the news.
Business counsel both inside and outside of companies developing applications that leverage mobile geolocation data of consumers and employees should be aware of the many issues that are developing around this area such as: How is geolocation information gathered and how does data flow from device, to app to, third party? How is it shared and used in mobile advertising? When is consent required and how should stakeholders obtain such consent?
The report introduced MHealth App basic information about international market analysis, China domestic market analysis, Macroeconomic environment and economic situation analysis, MHealth App industry policy and plan, MHealth App product specification, manufacturing process, cost structure and statistics in China.