“Something’s got to give” – Cloud Computing, as applied to lawyers – Comparative approach US and EU and practical proposals to overcome differences – My presentation at the Scuola Superiore Sant’Anna (Pisa, Italy) Symposium “Getting around the cloud(s) – Technical and legal issues on Cloud services” (November 30, 2013)

  In my talk I will provide some elements to understand benefits and risks of cloud computing from an American lawyer’s perspective. I will go ahead analyzing the approach of American ethics opinions on cloud computing. Then, I will discuss the different implications of privacy law on cloud computing under an American perspective, as opposed to […]

First Tech. Capital, Inc. v. JPMorgan Chase N.A., No. 5:12-CV-289-KSF-REW, 2013 WL 7800409 (E.D. Ky. Dec. 10, 2013)

In this case, the court found that privilege was waived where Plaintiff failed to take reasonable steps to prevent the inadvertent disclosure of privileged materials. The court’s determination that counsel did not take reasonable steps to prevent disclosure is based, in part, on the rapidity of the alleged review “each document received, on average, only […]

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Federal Trade Commission, Protecting Consumer Privacy in an Era of Rapid Change, Recommendations for Businesses and Policymakers

From the FTC report executive summary: “Based upon its analysis of the comments filed on the proposed privacy framework, as well as commercial and technological developments, the Commission is issuing this final Report. The final framework is intended to articulate best practices for companies that collect and use consumer data. These best practices can be […]

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Center for Democracy and Technology, Protecting Privacy in Online Identity: A Review of the Letter and Spirit of the Fair Credit Reporting Act’s Application to Identity Providers

CDT insists on “the need to develop some type of private or public legal regime that ensures identity providers properly safeguard consumer privacy in the emerging identity management industry”. CDT also highlighted that “If identity services are covered under the FCRA, relying parties would also have a number of important FIPs-related obligations including: Use Limitation […]

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Federal Trade Commission, Privacy Online: Fair Information Practices in the Electronic Marketplace: A Federal Trade Commission Report to Congress

The Report examines the 2000 survey addressing internet privacy issues in light of the four FIPPs (i) notice; (ii) choice; (iii) access; (iv) Security From the document’s conclusion: “The Commission believes that industry’s limited success in implementing fair informationpractices online, as well as ongoing consumer concerns about Internet privacy, make this the appropriate time for […]

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Children’s Online Privacy Protection Act – COPPA (15 U.S.C. §§ 6501–6506)

Websites that are collecting information from children under the age of thirteen are required to comply with the Children’s Online Privacy Protection Act (COPPA).   From http://www.business.ftc.gov/documents/Complying-with-COPPA-Frequently-Asked-Questions “COPPA applies to operators of commercial websites and online services (including mobile apps) directed to children under 13 that collect, use, or disclose personal information from children.  It […]

Fair Credit Reporting Act (“FCRA”, 15 U.S.C. § 1681 et seq.)

Originally passed in 1970, the FCRA addresses accuracy and fairness in credit reporting: “It is the purpose of this title…to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to […]

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