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Privacy/Security Service ControlScan Settles FTC Charges The FTC settles another privacy-related case, this one against a provider of privacy and security seals for Web sites.
BusinessWeek Blog: Your Site, Others' Misbehavior: The Two U.S. Safe Harbor Laws Web site owners are protected under US law from liability for what others do on their sites...if they know how to take advantage of the safe harbors. This blog article by Jonathan Ezor, originally posted to the BusinessWeek NewEntrepreneur site, explains.
FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule The Federal Trade Commission is once again delaying enforcement of the "Red Flags" Rule from November 1, 2009 until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC. The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring "creditors" and "financial institutions" to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have "covered accounts" to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities - known as "red flags" - that could indicate identity theft.
District Court Decides that FTC Cannot Make Attorneys Comply With Red Flags Rule On October 29, 2009 the District Court for the District of Columbia ruled that the FTC cannot force practicing attorneys to comply with Red Flags Rule. The FTC's scheduled enforcement for the Red Flags Rule was November 1, 2009. The American Bar Association (ABA) challenged the Red Flags Rule's applicability to attorneys arguing that it would impose a serious and undue burden on law firms, and sought an injunction and declaratory judgment finding that lawyers were not covered. In response, the FTC stated that lawyers should be covered because billing practices, such as charging clients on a monthly basis rather than upfront, made them "creditors" under the plain language of the Red Flags Rule. The District Court rejected the FTC's definition of a creditor stating that under the FTC's interpretation, a plumber who charges a customer after working on a toilet for two days also would be considered a "creditor." For more information on The Lustigman Firm's privacy law practice, please click here.
Iconix pays $250,000 Fine to FTC in latest COPPA action The FTC has levied another substantial fine for violating children's privacy laws on a Web site, this time a $250,000 penalty against Iconix.
Internet Radio Services Win Legal Victory Over Record Companies The U.S. Court of Appeals for the Second Circuit recently considered the case of Yahoo!'s LAUNCHcast, an Internet radio station that provides listeners with individualized webcasting, and ruled that LAUNCHcast was not an "interactive service" under the Digital Millennium Copyright Act. The significance of this ruling allowed the company to pay only the statutory license fee set by the Copyright Royalty Board instead of having to negotiate a more costly licensing structure. Broadcasters of interactive services are required to pay specific fees to the copyright owner of each sound recording played.
Culture and Authenticity: Lessons from 140: The Twitter Conference What is the message for advertisers and marketers coming out of the major Twitter conference in Los Angeles?
Maine Agrees Not to Enforce Predatory Marketing Law In a significant victory to marketers and the press, the Maine Attorney General has agreed not to enforce the state's Predatory Marketing Law when it is scheduled to take effect on September 12, 2009. In addition, private plaintiffs were warned that the statute faced significant constitutional infirmities.
BusinessWeek Blog: Demystifying Legalese in Contracts, Part 2 Jonathan Ezor's , as originally posted to BusinessWeek.com's Successful Entrepreneur Blog.
BusinessWeek Blog: Demystifying Legalese in Contracts, Part 1 Jonathan Ezor's first in a series of blog articles on demystifying legalese in typical contract provisions, as originally posted to BusinessWeek.com's Successful Entrepreneur Blog.
BusinessWeek Blog: Opening the Roadblock: A Response to "Stuck in Legal" Jonathan Ezor's blog article on how attorneys can (and should) help rather than hinder business, as originally posted to BusinessWeek.com's Successful Entrepreneur Blog.
BusinessWeek Blog: Privacy Policies: Not Just Cookiecutter Jonathan Ezor's blog article on practical issues for privacy policies, as originally posted to BusinessWeek.com's Successful Entrepreneur Blog.
BusinessWeek Blog: Lessons from Twitter DDOS Attack Jonathan Ezor's blog article on the lessons from a recent Twitter service problem, as originally posted to BusinessWeek.com's Successful Entrepreneur Blog.
BusinessWeek Blog: The FTC's Red Flags Rule: Last Chance to Learn Jonathan Ezor's blog article on the Red Flags Rule, as originally posted to BusinessWeek.com's Successful Entrepreneur Blog
FTC: Red Flags Rule Extended Until 11/1; New Education Effort The Federal Trade Commission (FTC) has once again extended the deadline for Red Flags Rule compliance, and announced a new education initiative as well.
Embarrassed From Afar: Remote Workers and Reputational Damage How can your business manage the risks of smartphone and laptop use and reap the benefits of a flexible workforce? This excerpt from Jonathan I. Ezor's new free e-book discusses some best practices.
The "Amazon Tax": Latest Developments in NY and Beyond As Amazon.com pursues its appeal in NY, other states are working to pass "Amazon Tax" laws.
FTC Extends Red Flags Rule Deadline to August 1, 2009 The FTC has extended its deadline for certain businesses to comply with the Red Flags Rule regarding potential data breaches and identity theft to August 1, 2009.
FTC Warns Behavioral Marketers to Self-Regulate or Face Regulation At a Reuters conference in Washington, DC, the chairman of the FTC warned behavioral marketers that if they didn't better manage and protect customer data themselves, the government would force them to.
Amazon Tax Webinar: Summary and Podcast On Tuesday, 2/24/09 Andrew B. Lustigman and Jonathan I. Ezor presented a Webinar on the latest developments in New York State's so-called Amazon Tax law, which requires certain out-of-state merchants with affiliate programs to collect and pay sales tax on shipments into New York. |
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