Emerging Markets Law

Showing 6 posts in Media.

Lessons From Yahoo Breach Continue

Yahoo has (not surprisingly) been hit with multiple consumer class action claims relating to its massive data breach. It is unclear exactly when Yahoo uncovered the 2014 breach; news reports characterize the find as "recent." Yahoo also has said that it is cooperating with law enforcement, which could help offset any issues tied to a delay of announcement.

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State Enforcement of COPPA, Federal Online Advertising Law

On September 13, 2016, the New York Attorney General announced settlements with four major US toy and media companies regarding their use of online tracking of children who use their websites. Viacom, Inc. (Nickelodeon), Hasbro, Inc. (My Little Pony), and Mattel, Inc. (Barbie, Hot Wheels, American Girl) are among the companies fined a collective $835,000 for violating the Children's Online Privacy Protection Act (COPPA).

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FTC May Not Regulate Common Carrier Bandwidth Advertising for Fairness

Posted In Government, Industry, Media, Public Policy

A federal court ruling this week contributes to the confused state of which US agencies may regulate behavior of ISPs relating to the Internet. The Ninth Circuit has held that the Federal Trade Commission (FTC)—the nation's fair advertising watchdog—may not police ISP performance claims put forth by AT&T. The reason? AT&T is a "common carrier," a public utility historically regulated by the Federal Communications Commission (FCC) rather than the FTC. The rub, though, is that the two agencies generally have split jurisdiction, with ad claims falling squarely to the FTC regardless what industry produced the ad in question.

This ruling appears to signal that common carrier ads, i.e. those of any FCC-regulated communications utility, cannot be challenged by the FTC. That opens up a lot of fights about who is a common carrier and which aspects of their business, operations versus advertising, may be policed by which agency. Such uncertainty is unwelcome for companies playing in the fast-moving Internet field: not knowing whose standards apply and how is a real business challenge. It also makes it hard to know where consumers should go with a complaint. 

Savannah Film Incentive Makes State Even More Competitive

The Savannah Economic Development Authority (SEDA) is making Georgia an even more attractive place to shoot films, starting in 2016. This is a boost to an industry that didn't exist in Georgia in a big way until about 10 years ago, but that has grown rapidly: filmed entertainment brought about $6 billion to Georgia in 2014.

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Cyber Hygiene: Upgrade Your Software, Too

Data security is a multi-part process for most organizations. Today's installment of cyber hygiene habits for 2015 reminds us that updating software is a critical step in securing our networks. 

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Cyber Hygiene: Upgrade Your Hardware

This fourth installment in our cyber hygiene series will discuss the importance of hardware upgrades in maintaining corporate data security. As with all the best practices we recommend in this series, the idea behind protection is to avoid incidents where possible, mitigate damage if they occur, and have a defensible position or "storyline" if you suffer a dispute or investigation. 

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