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Category Archives: Privacy

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Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

An Important Issue for Text-Message Marketers There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages between $500 and $1,500 per violation).  And with the growth of easy … Continue Reading

New California Law Impacts Use of Information from Minors, Offers Right to Delete

Law Targets Sites and Mobile Apps Directed to Minors, Offers “Online Eraser”      Likely to Have Nationwide Effect On July 1st of this year, new amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) came into effect, with perhaps the most pronounced changes being the expansion of COPPA to apply to geolocation … Continue Reading

U. S. Supreme Court Unanimously Rule that GPS Installation and Tracking of a Vehicle Constitutes a Search, But The Justices Disagree on Rationale – Are Lines Being Drawn on Privacy Rights and New Technology?

In a narrowly-drawn majority opinion, the United States Supreme Court ruled in United States v. Antoine Jones that the Government’s attachment of a GPS-tracking device to a vehicle, and the subsequent monitoring of the movements of that vehicle on public streets, constitutes a search. Because the Government conceded in the case that it did not … Continue Reading

Proskauer on Privacy: Boston Edition

Following the success of our Annual Proskauer on Privacy Conference in New York, we are taking the program on the road and invite you to attend our first Proskauer on Privacy: Boston Edition. Presented by the firm’s Privacy and Data Security Group, this conference will focus on the latest developments in this area of law. … Continue Reading

New Jersey Appellate Court Says, Take “Loving Care” with Employee Personal Communications

In Stengart v. Loving Care Agency, 2009 N.J. Super. LEXIS 143 (App. Div. June 26, 2009), a New Jersey appellate court refused to enforce a provision in an employer’s electronic communications policy that purported to give the employer ownership of all employee personal communications on the employer’s system. The particular messages at issue were sent … Continue Reading
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