CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

FTC Staff Report Puts Spotlight Back on ISP Data Collection and Use Practices; FCC Re-Regulation Suggested

Over the past few years, the data collection and use practices of Internet Service Providers ("ISPs") have largely flown under the radar while large internet platforms and the broader adtech industry have been under…

Cracks in the Privacy Wall Between Kids and Teens: Is Teen Privacy Legislation on the Horizon?

Since Congress enacted the Children’s Online Privacy Protection Act ( COPPA ) in 1998, the regulatory wall between kids and teens has been a remarkably durable one. During all this time, COPPA, the primary U.S. law…

Hope Emerges at Senate Data Security Hearing – But Will Congress Grab the Brass Ring?

On October 6, 2021, the Senate Commerce Committee conducted its second in a series of hearings dedicated to consumer privacy and data, this time addressing Data Security . Similar to last week’s privacy hearing, the…

“Not Outgunned, Just Outmanned” (For Now): Senate Hearing on Privacy Law Addresses Under-resourced FTC

On September 29, 2021, the Senate Commerce Subcommittee held a hearing titled Protecting Consumer Privacy . The senators addressed the potential $1 billion earmarked to strengthen the FTC’s privacy work, the future of…

Health and Fitness Apps and IoT Technologies Should Take Note: FTC Expands Interpretation of its Health Breach Notification Rule

In an aggressive expansion of its security and privacy enforcement programs, on September 15, 2021, the FTC issued what it characterized as a “ Policy Statement ” reinterpreting an old rule about personal health…