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California Bar Business Law Section Essentials Webinar Series (Webinar: January 24, 2011).
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TOPICS INTOPICS INTOPICS INTOPICS IN
INTERNETINTERNET LAW LAW CENTERCENTER
BEHAVIORAL TARGETING
The Good
The Good
$
The Good?
The Good?
The Good?
(Jan. 2011)
(June 2010)(June 2010)
(Dec 2010)
(Dec. 2010)
Class Action Litigation
• Electronic Communications Privacy Act
• Computer Fraud and Abuse Act
Mortensen v. Bresnan Comm., CV 10-13-BLG-RFC (D. Mont. Dec. 13, 2010) (dismisses ECPA claim due to consent, CFAA claim survives)
Valdez v. Quantcast Corp. Complaint (Case No. 2:10-cv-05484-GW –
JCG) (quoting Ashkan Soltani, Shannon Canty, Quentin Mayo, Lauren
Thomas, Chris Jay Hoofnagle, “Flash Cookies and Privacy” (10 August
2009)
Valdez v. Quantcast Corp. Complaint (Case No. 2:10-cv-05484-GW –
JCG) (quoting Ashkan Soltani, Shannon Canty, Quentin Mayo, Lauren
Thomas, Chris Jay Hoofnagle, “Flash Cookies and Privacy” (10 August
2009)
Big Nose strikes again by buzusa @ flickr
Michelle Ward, aka The When I Grow Up Coach
Michelle Ward, aka The When I Grow Up Coach
Hogette 1 – Micki James @ Flickr
Our report and law enforcement action send a
clear message to industry: despite some good
actors, self-regulation of privacy has not
worked adequately and is not working
adequately for Americans consumers. We adequately for Americans consumers. We
deserve far better from the companies we
entrust our data to, and industry, as a whole,
must do better.
FTC Chairman Jon Leibowitz
Key Principles
�Privacy by Design�Privacy by Design
�Simplified Choice
�Greater Transparency
Key Principles
�Privacy by Design�Privacy by Design
�Simplified Choice
�Greater Transparency
• “The concept of do not track has not
been endorsed by the commission
or, in my judgment, even properly or, in my judgment, even properly
vetted yet. . . .”
• Has “serious questions about the
various do-not-track proposals. . . .”J. Thomas Rosch, Brand Week (Mar. 24, 2011)FTC
Commissioner
• Endorses baseline commercial data
privacy principles that would fill any
gaps in existing U.S. law;
• Safe harbors against FTC enforcement
for practices defined by baseline data for practices defined by baseline data
privacy or self-regulatory codes;
• Limited rulemaking authority over
certain baseline fair information privacy
practices principles if it is established
that market failures require prescriptive
regulatory action; and
• National Data Breach Standards
All rise . . .
Wednesdays at 10 AM PTWebmasterRadio.fm
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