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(Mar 2, 2015) With the White House’s newly released Consumer Privacy Bill of Rights discussion draft and the FCC’s historic Net Neutrality ruling, last week saw the potential for a sea change in the way the U.S. government may approach regulating the Internet. As Americans increasingly spend their personal and business lives online, calls have increased for tighter regulation. With the new Bill of Rights text, we see new ideas for how that might be accomplished. IAPP VP of Research and Education Omer Tene analyzes these attempts at bringing the Internet to heel. Read More

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White House Privacy Bill Met With Criticism from All Sides

(Mar 2, 2015) The White House released what it’s calling a “discussion draft” of its Consumer Privacy Bill of Rights (CPBR) to “establish baseline protections for individual privacy in the commercial arena and to foster timely, flexible implementations of these protections through enforceable codes of conduct developed by diverse stakeholders” late Friday. Though the highly anticipated CPBR did receive some support, for the most part industry, lawmakers, regulators and privacy advocates all expressed concerns with the legislation. In this exclusive for The Privacy Advisor, Jedidiah Bracy, CIPP/US, CIPP/E, rounds up the wide spectrum of reaction from all sides of this latest major privacy development. Read More

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Roundup: Australia, Russia, Canada and the U.S.

(Mar 2, 2015) In this week’s Privacy Tracker legislative roundup, read about a plan between Labor and the Australian government that may see the controversial data retention plan enacted. In Canada, a new government proposal would see greater information-sharing between agencies such as immigration, Employment Canada and the RCMP. Russia’s lower chamber of Parliament has reportedly approved new and larger fines for violating data protection laws. Also, read an overview of 10 California privacy bills, new U.S. senators’ pre- and post-election commitments to privacy and more. (IAPP member login required.) Read More

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Advocates Hope Net Neutrality Will Be Privacy Win

(Mar 2, 2015) The Federal Communications Commission (FCC) made history on Thursday, The Washington Post reports, by classifying Internet service providers (ISPs) as public utilities. The vote was aimed at ensuring net neutrality, but the reclassification means the FCC will now have more oversight of privacy practices of ISPs, and privacy advocates say it also probably means better protections for consumers because it means ISPs “will now have to abide by a specific set of rules designed to protect the privacy of communications.” (Registration may be required to access this story.) Read More

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Uber Reports Breach Affecting 50,000 Drivers

(Mar 2, 2015) Uber has reported it discovered one of its databases had a point-of-entry for unauthorized users, Ars Technica reports. A “one-time unauthorized access to an Uber database by a third party” occurred on May 13, 2014, the company said in a statement last week. The database contained driver names and license numbers. The breach impacted approximately 50,000 drivers across multiple states, according to Uber’s managing counsel of data privacy, who added Uber hasn’t received any reports of identity theft. The company is alerting affected drivers and offering them one year of identity monitoring and has filed a “John Doe” lawsuit in an effort to reveal the responsible party. Read More

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Clapper v. Amnesty International's Impact on the Harm Threshold

(Mar 2, 2015) “Amid the storm of cybersecurity incidents in the last year, plaintiffs still face an uphill battle convincing courts that they suffered actual—and not hypothetical—harm from data breaches,” Cheryl Howard and Dana Post write in this exclusive for The Privacy Advisor. “In several recent decisions, however, courts have found that plaintiffs alleging future harm had adequately pleaded Article III standing, giving renewed vigor to data breach cases.” Howard and Post consider the Supreme Court’s 2013 ruling in Clapper v. Amnesty International—that Article III standing requires threatened injury must “be certainly impending to constitute an injury in fact”—and the case’s implications. Read More

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DoE Releases Model Terms of Service, Training Video

(Mar 2, 2015) The Department of Education’s Privacy Technical Assistance Center released last week a “Model Terms of Service” document to assist school districts in complying with the “Requirements and Best Practices” document the department released in February 2014. It contains, significantly, a table of definitions that “cannot or should not be included in TOS” by education technology providers. Concurrently, the department released a video for schools and districts to use on in-service days and in other training environments to educate educators about privacy issues and their responsibilities with student data. Read More

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The Uptick in Privacy Products for Business; Apple CEO Sounds Off

(Mar 2, 2015) The Wall Street Journal reports on the increasing trend of privacy products geared toward the business world. At the Mobile World Congress in Spain, for example, Silent Circle will launch its privacy-centric Android smartphone, the Blackphone. The phone encrypts data stored on it as well as voice and text communications. Meanwhile, Apple CEO Tim Cook reiterated in a recent interview the company’s commitment to user privacy and fundamental opposition to government surveillance ahead of the releas... Read More

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NAI Appoints Leigh Freund New President and CEO

(Mar 2, 2015) The Network Advertising Initiative (NAI) has announced the appointment of Leigh Freund as its new president and CEO. Freund, who is replacing Marc Groman, CIPP/US, has spent the last 11 years at AOL, recently serving as its vice president and chief counsel for global public policy. Freund said, “I am a passionate believer in strong self-regulation and am thrilled and honored to continue to build and strengthen NAI’s critical role at the intersection of consumer privacy needs and effective advert... Read More

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Physical Cookies, New Platform Aim To Replicate Cookies, Eliminate Privacy Woes

(Mar 2, 2015) Mashable reports on a plastic RFID device called a “Physical Cookie,” which works just like online cookies, studying shoppers’ preferences and tailoring deals and messages accordingly. A mall in Finland recently offered targeted deals to shoppers who agreed to carry the “cookie.” Instead of logging users’ histories, though, Physical Cookies just looks at the time spent during mall shopping. Meanwhile, another tool called the Rately Merchant Platform “addresses privacy problems by not creating th... Read More

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