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FTC Update on Gathering Data; Disclosures To Consumers
In an area of major interest to the entertainment industry, the Federal Trade Commission (FTC) continues its active enforcement of advertising practices in emerging areas such as social media and mobile marketing. At the same time, advertisers and marketers are attempting to piece together best practices as new consumer protection requirements come into effect and the first cases applying new regulatory standards are settled.
Following an active 2012, during which it issued an important privacy report and announced significant and groundbreaking privacy settlements with Google, online data broker Spokeo and social media giant Facebook, the FTC continued its focus on privacy, in 2013 bringing additional actions against other data brokers and companies that experienced data breaches.
With regard to data brokers, newly appointed FTC Chairwoman Edith Ramirez cautioned companies that collect large quantities of consumer data that the agency intends to closely scrutinize those companies' data security measures to ensure that the massive amounts of consumer information they collect are properly protected against unauthorized access. She echoed these warnings in a keynote address at the Technology Policy Institute's annual conference in Aspen, CO, where she expressed concerns about the private sector's increasing collection and use of “big data,” or datasets whose size is beyond the ability of typical database software tools to capture, store, manage and analyze. The FTC also continued its call for legislation in this area, citing the lack of transparency with which such data-gathering companies operate.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?