FCC repeals net neutrality rules

Today, on Dec 14, 2017, the Federal Communications Commission (“FCC”) voted 3-2 to repeal the 2015 Open Internet Order, i.e., the Obama-era regulation requiring the companies to treat all web traffic alike. The repeal of net neutrality was performed by the passing of an order named “Restoring Internet Freedom,” which “essentially removes the FCC as a regulator […]

SCOTUS heard oral argument in Carpenter vs US: can the Gov’t access carriers’ location data without a warrant?

On November 29, 2017, the Supreme Court heard oral argument in an important privacy case. The Sixth Circuit held that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without a warrant. In Carpenter v. United States Timothy Carpenter and Timothy Sanders […]

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Digital Single Market: unjustified geoblocking to end by the end of 2018

On November 20, 2017, the European Parliament, the Council and the Commission committed to end all geoblocking that unnecessarily impedes consumers to buy products or services online within the EU. The EU digital single market should “give consumers the same possibility to access the widest range of offers regardless of whether they physically enter a […]

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WP29’s plenary meeting: final guidelines on DPIA and opening for comments on data breach notification and profiling

At its plenary meeting held in October 2017, Working Party 29 (WP29) examined certain critical matters regarding the implementation of Regulation 2016/679, the so called General Data Protection Regulation (GDPR). WP29 approved the final version of the DPIA guidelines Guidelines on Data Protection Impact Assessment after having examined the comments received during the public consultation which ended […]

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UK publishes Data Protection Bill – data protection will get stricter

As anticipated (see here), a new Data Protection Bill was introduced to the House of Lords on September 13, 2017 and it officially entered Parliament on September 14, 2017. The new Bill aims at substituting the UK Data Protection Act 1998 and updating data protection laws in accordance with the GDPR. What will it change? […]

Federal Court affirms District Court’s judgement denying general and specific jurisdiction over Japanese company and its U.S. subsidiary

On March 24, 2017, the Ninth Circuit Court of Appeals affirmed the District Court’s dismissal for lack of personal of plaintiffs-appellants’ claims against Yamaha Motor Corporation, U.S.A. (YMUS), in an action alleging violations of federal and state warranty law and other claims, brought by appellants who purchased allegedly defective outboard motors that Yamaha Motor Co. […]

New York City Bar Opinion 2017-5 on lawyer’s duty of confidentiality when crossing borders

On July 25, 2017, the New York City Bar issued Formal Opinion 2017- 5, which concludes that lawyers have a duty to protect clients’ confidential information from disclosure. This duty stretches to U.S. border agents searching electronic devices. Lawyers shall take “reasonable precautions” to avoid disclosure of clients’ confidential information. Such precautions will vary based […]

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Conseil d’Etat requests preliminary ruling from CJEU on Right to be Forgotten

The right to be forgotten has been judicially recognized by the CJEU with the Google Spain judgment  (Case C-131/12). According to the judgement, Europeans have the right to disappear from search engine’s results under certain conditions. The National Commission of Information Technologies and Liberties (CNIL), Commission nationale de l’informatique et des libertés, rejected some complaints […]

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