FTC Consent Decree Suggests Expectations of Minimum Data Security Measures: Security procedures must support protection statements [Jan. 2008]

By Ronald G. London

The Federal Trade Commission (FTC) recently announced a consent decree with online retailer Life is good (www.lifeisgood.com) that offers insight into what that agency may believe are the bare minimum steps companies must take when making the kind of generic we-protect-the-information-you-give-us statements found in most privacy policies. The consent decree serves as advance notice to businesses that collect sensitive personal data, to ensure that sufficient safeguards are in place to adequately support information security statements. Such businesses should be aware of the FTC's expectations and evaluate their security procedures in light of the decree.

Warning: Immediate Action Required by All Providers of Telephone or VoIP Services to Comply with New FCC CPNI Rules [Nov. 2007]

By James M. Smith and Paul B. Hudson

As we have advised previously, on or about December 8, 2007, every company that provides telephone-type services—including interconnected VoIP service providers, as well as cable television operators that offer a telephony product and traditional telecommunications carriers (wireline CLECs, IXCs, and ILECs, and wireless carriers)—will become subject to new, expanded FCC regulations designed to protect the privacy of customer telephone records (customer proprietary network information or CPNI). This is to remind our clients that the compliance deadline is fast approaching.

Federal Court Dismisses Suit by Alleged Malware Vendor [September 2007]

By Bruce E.H. Johnson, John D. Seiver, Ronald G. London and Sarah K. Duran

In Zango, Inc. v. Kaspersky Lab, Inc., No. C07-0807-JCC (Aug. 28, 2007), the United States District Court for the Western District of Washington dismissed a lawsuit filed by Zango, Inc., against Kaspersky Lab, Inc., a company that distributes computer anti-virus/anti-malware software that had targeted Zango’s products as objectionable. Zango alleged that Kaspersky Lab’s anti-virus software improperly identified Zango’s websites and ads as malware and alleged tortious interference with contract and business expectancy, trade libel, violation of Washington state’s Consumer Protection Act and unjust enrichment. The court rejected Zango’s claims and held that Kapersky was entitled to the safe harbor provided in Section 230(c)(2) of the Communications Decency Act (CDA), 47 U.S.C. § 230(c)(2).

WIRELESS SECURITY STANDARDS -
No Rest for the Wary

Reproduced with permission from BNA's Electronic Commerce & Law Report, Vol. 8, No. 20, pp. 507-512 (May 21, 2003). Copyright 2003 by The Bureau of National Affairs, Inc.
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Protecting PHI and Responding to Data Thefts

By Randy Gainer and Paul Smith
Presented at WSHA: Securing Patient Data Web Conference - Dec. 11, 2006

An Approach to Email and E-Discovery:
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Privacy and Wireless Spam
Don't Forget FCC Rules When Constructing Your CAN-SPAM Compliance Program

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An Update on Spyware Issues

By Kraig Baker
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