essentials of cyberspace law: user generated content, privacy and online advertising

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INTERNETINTERNET LAW LAW CENTERCENTER

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The Good

The Good

$

The Good?

The Good?

The Good?

(Jan. 2011)

(June 2010)(June 2010)

(Dec 2010)

(Dec. 2010)

Class Action Litigation

• Electronic Communications Privacy Act

• Computer Fraud and Abuse Act

Mortensen v. Bresnan Comm., CV 10-13-BLG-RFC (D. Mont. Dec. 13, 2010) (dismisses ECPA claim due to consent, CFAA claim survives)

Valdez v. Quantcast Corp. Complaint (Case No. 2:10-cv-05484-GW –

JCG) (quoting Ashkan Soltani, Shannon Canty, Quentin Mayo, Lauren

Thomas, Chris Jay Hoofnagle, “Flash Cookies and Privacy” (10 August

2009)

Valdez v. Quantcast Corp. Complaint (Case No. 2:10-cv-05484-GW –

JCG) (quoting Ashkan Soltani, Shannon Canty, Quentin Mayo, Lauren

Thomas, Chris Jay Hoofnagle, “Flash Cookies and Privacy” (10 August

2009)

Big Nose strikes again by buzusa @ flickr

Michelle Ward, aka The When I Grow Up Coach

Michelle Ward, aka The When I Grow Up Coach

Hogette 1 – Micki James @ Flickr

Our report and law enforcement action send a

clear message to industry: despite some good

actors, self-regulation of privacy has not

worked adequately and is not working

adequately for Americans consumers. We adequately for Americans consumers. We

deserve far better from the companies we

entrust our data to, and industry, as a whole,

must do better.

FTC Chairman Jon Leibowitz

Key Principles

�Privacy by Design�Privacy by Design

�Simplified Choice

�Greater Transparency

Key Principles

�Privacy by Design�Privacy by Design

�Simplified Choice

�Greater Transparency

• “The concept of do not track has not

been endorsed by the commission

or, in my judgment, even properly or, in my judgment, even properly

vetted yet. . . .”

• Has “serious questions about the

various do-not-track proposals. . . .”J. Thomas Rosch, Brand Week (Mar. 24, 2011)FTC

Commissioner

• Endorses baseline commercial data

privacy principles that would fill any

gaps in existing U.S. law;

• Safe harbors against FTC enforcement

for practices defined by baseline data for practices defined by baseline data

privacy or self-regulatory codes;

• Limited rulemaking authority over

certain baseline fair information privacy

practices principles if it is established

that market failures require prescriptive

regulatory action; and

• National Data Breach Standards

All rise . . .

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