Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Privacy & Security

Arent Fox is on the cutting edge of cybersecurity and data protection laws and has experience assisting clients with all aspects of privacy, cybersecurity, and data protection. Our group serves clients in regulated spaces such as health care and telecommunications and sophisticated industries including retail, gaming and entertainment, and media.

Arent Fox’s interdisciplinary team of cybersecurity and data protection attorneys handle the full scope of data security and protection issues. We regularly advise clients on how to protect their data at every stage, from advice and counseling to investigations, incident planning and response, litigation, and even securing insurance policies to mitigate risks and liabilities. We work with companies to develop internal security and governance programs; advise businesses on the collection of data in retail locations as well as in online including via social media marketing and e-commerce platforms; and conduct internal investigations in response to critical data breaches. We also work with companies to implement privacy and data security protection by using IT agreements to control data access by their employees, reconfiguring data security when moving IT operations to the cloud, and protecting against cyber risks that can arise from third party IT vendors.

We routinely advise on the biggest trends in privacy and data security such as: handling ransomware incidents; cyber threat and new technology systems; NIST, ISO, PCI-DSS, and other security standards; payment security and mobile payment trends; aggregate and anonymized data collection in advertising; FTC guidance and enforcement; the Internet of Things; cross-border data transfer issues; the EU General Data Protection Regulation (GDPR); health information privacy, security, and breach notification; as well as federal- and state-level regulatory compliance.


EU Reg Would Ban Retail Companies From Using Geo-Tracking In Online Shopping

Under a proposed EU regulation, online retail companies in Europe may no longer be able to use geo-tracking in online shopping. The European Commission released a draft regulation on May 25, 2016 that proposes the removal of geo-blocking for online shopping, stating that it wants to ensure that consumers seeking to buy products and services in an EU country, be it online or in person, are not discriminated against in terms of access to prices, sales, or payment conditions.


SCOTUS Punts on Chance to Curb Consumer Privacy Laws

On Monday, the US Supreme Court sent a potential class action case back to the Ninth Circuit for reconsideration, marking an intermediary win for Spokeo Inc., which uses a “people search engine” to find, compile, and sell publicly available personal information. The company came under fire for publishing inaccurate personal information about plaintiff Thomas Robins in a case that was expected to have major implications on US privacy and consumer protection law.


Heading for the Breaches: California Recommends Data Security Measures

The California Office of the Attorney General (OAG) recently released a report detailing a comprehensive analysis of the data breaches reported to the OAG between 2012 and 2015. Fifty million records of Californians were reportedly breached during those four years. The report acknowledges that security is a challenging endeavor for organizations, but points out that many of the breaches reported could have been prevented by taking reasonable security measures.
The report provides the following key recommendations for businesses:


FTC Fires Warning Shot over Apps that Can Listen to Your TV


Pop-Ups Get Political: Publishers May Need to Think Twice Before Detecting Ad Blockers

As publishers turn from print to digital and rely on online ad sales, some websites now prevent readers from viewing content if they have an ad blocker enabled. Alexander Hanff, a privacy activist and CEO of Think Privacy, has launched a campaign to “name and shame” publishers using these methods. The campaign announcement comes days after the European Commission stated in a letter addressed to the activist that ad blockers can be illegal and in breach of EU privacy rules. 


Sarah Bruno and Anthony Lupo to Speak at 2016 Legal & Regulatory Conference

Partners Sarah Bruno and Anthony Lupo will speak on a panel at the 2016 Legal & Regulatory Conference hosted by the Personal Care Products Council.


Back to the Future: House Moves to Update Email Privacy Law

In a key win for digital privacy advocates, the House unanimously passed the Email Privacy Act yesterday in a 419-0 vote. Supporters, including top Silicon Valley names and privacy groups, now look to the Senate and then President Obama to bring the popular Act to fruition.


Tennessee Expands Breach Notification Statute


Cracks in Privacy Shield Need to be Filled

On April 13, 2016, the Article 29 Working Party released its opinion on the EU-US Privacy Shield. Having reviewed the draft Privacy Shield documents, which included an adequacy decision and supporting texts, the Working Party has now expressed several concerns with both (a) the ability of the Privacy Shield to adequately protect the rights of Europeans and (b) the inconsistencies and lack of clarity in the drafting of the Privacy Shield.


Detour – Rerouting: Unsecure Routers Lead to FTC Action

Key Takeaways

  • Following a settlement, ASUSTeK must maintain a comprehensive security program and endure 20 years of independent audits 
  • The onus is on technology companies to ensure reasonable security measures and practices

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.