13. 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)
14. 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)
15. 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)
20. Hogette 1 – Micki James @ Flickr
Michelle Ward, aka The When I Grow Up Coach
21.
22. 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
deserve far better from the companies we
entrust our data to, and industry, as a whole,
must do better.
FTC Chairman Jon Leibowitz
26. • “The concept of do not track has not
been endorsed by the commission
or, in my judgment, even properly
vetted yet. . . .”
• Has “serious questions about the
various do-not-track proposals. . . .”
FTC
Commissioner
J. Thomas Rosch, Brand Week (Mar. 24, 2011)
27. • 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
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
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37. All rise . . .
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