Compelling password production does not violate the Fifth Amendment

  On March 20, 2017, the Third Circuit affirmed a ruling of contempt over an Appellant’s claimed inability to remember his drive-decryption passwords. The issue in appeal was whether the Government has the right to compel owners to cooperate in the decryption of digital devices after the Government seizes those devices pursuant to a valid […]

ECJ holds dynamic IP addresses are personal data if additional information allowing user identification can reasonably be obtained from third parties

On October 19, 2016, the European Court of Justice (“ECJ”) presented its conclusions in Patrick Breyer v. Bundesrepublik Deutschland (case C‑582/14). According to the ECJ The dynamic internet protocol address of a visitor constitutes personal data, with respect to the operator of the website, if that operator has the legal means allowing it to identify […]

Cristina Vicarelli, La disciplina di Google Analytics a cavallo tra Italia e Germania

Nel giugno del 2016, l’Autorità per la protezione dei dati personali (di seguito anche DPA) di Amburgo, in accordo con le altre presenti in Germania, si è occupata della compatibilità di Google Analytics con la normativa nazionale sulla protezione dei dati. Le indicazioni che sono emerse dal provvedimento dell’Autorità di Amburgo  appaiono a un primo […]

New York passed first cybersecurity legislation for banks and financial institution

  On March 1, 2017, the new Cybersecurity Regulation to Protect Consumers and Financial Institutions proposed by Governor Andrew Cuomo took effect . This first-in-the-nation piece of legislation aims at protecting consumer data and financial systems from cyber-attacks of terrorist organizations and other criminal enterprises. The Regulation requires banks, insurance companies, and other financial services institutions […]

FCC partially stays Consumer Broadband Privacy Rules

On March 1, 2017, the Federal Communications Commission (FCC) granted a Stay Petition in part, and ordered a “stay on an interim basis” of certain aspects of the 2016 order “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (the “Privacy Order”). The Privacy Order containing broadband privacy rules was published on November 2016. […]

Oracle posits that Consumer Broadband Privacy Rules grant Google unfair competitive advantage

On December 21, 2016, Oracle asked the Federal Communications Commission (FCC) to reconsider its decision and order “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (“Order”) published on November 2016. See here. At the beginning of 2017, several Internet Service Providers (ISPs) and cable associations filed Petitions for Reconsideration requesting the FCC to significantly […]

FCC’s Consumer Broadband Privacy Rules (effective Jan. 2017) have already been challenged

On November 2, 2016, the Federal Communications Commission (“FCC”) published a Report and Order entitled “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (“Order”) as a final rule in the Federal Register. The Order applies the privacy requirements of the Communications Act of 1934 as amended (“Act”) to broadband Internet access service (BIAS) […]

District of Columbia Bar Opinion 370

Opinion No. 370 of the District of Columbia Bar’s Legal Ethics Committee   Topic: Social Media I, Marketing and Personal Use   Conclusion of the Committee: “Social media is a constantly changing area of technology. Social media can be an effective tool for providing information to the public, for networking and for communications. However, using […]

German DPA prohibits data transfer from WhatsApp to Facebook

On September 26, 2016, the Hamburg Commissioner for Data Protection and Freedom of Information issued an order prohibiting Facebook to collect and store data of German WhatsApp users.  The decision came after WhatsApp issued a statement informing its users that the application’s terms and privacy policy was updated, as a consequence of WhatsApp’s joining Facebook. […]