Justice Department sues TikTok, accusing the company of illegally collecting children’s data; AP, August 2, 2024

HALELUYA HADERO, AP; Justice Department sues TikTok, accusing the company of illegally collecting children’s data

"The Justice Department sued TikTok on Friday, accusing the company of violating children’s online privacy law and running afoul of a settlement it had reached with another federal agency. 

The complaint, filed together with the Federal Trade Commission in a California federal court, comes as the U.S. and the prominent social media company are embroiled in yet another legal battle that will determine if – or how – TikTok will continue to operate in the country. 

The latest lawsuit focuses on allegations that TikTok, a trend-setting platform popular among young users, and its China-based parent company ByteDance violated a federal law that requires kid-oriented apps and websites to get parental consent before collecting personal information of children under 13. It also says the companies failed to honor requests from parents who wanted their children’s accounts deleted, and chose not to delete accounts even when the firms knew they belonged to kids under 13."

FTC Challenenges ‘junk’ patents held by 10 drugmakers, including for Novo Nordisk’s Ozempic; CNBC, April 30, 2024

Annika Kim Constantino, CNBC; FTC Challenenges ‘junk’ patents held by 10 drugmakers, including for Novo Nordisk’s Ozempic

"Most top-selling medications are protected by dozens of patents covering various ingredients, manufacturing processes, and intellectual property. Generic drugmakers can only launch cheaper versions of a branded drug if the patents have expired or are successfully challenged in court.

“By filing bogus patent listings, pharma companies block competition and inflate the cost of prescription drugs, forcing Americans to pay sky-high prices for medicines they rely on,” FTC Chair Lina Khan said in a release. “By challenging junk patent filings, the FTC is fighting these illegal tactics and making sure that Americans can get timely access to innovative and affordable versions of the medicines they need.”

The FTC also notified the Food and Drug Administration about the challenges. The FDA manages patent listings for approved drugs on a document called the Orange Book.

The FTC first challenged dozens of branded drug patents last fall, leading three drugmakers to comply and delist their patents with the FDA. Five other companies did not. 

The Tuesday announcement expands the Biden administration’s effort to crack down on alleged patent abuses by the pharmaceutical industry. The FTC has argued that drugmakers are needlessly listing dozens of extra patents for branded medications to keep their drug prices high and stall generic competitors from entering the U.S. market."

U.S. bans noncompete agreements for nearly all jobs; NPR, April 23, 2024

Andrea Hsu , NPR; U.S. bans noncompete agreements for nearly all jobs

"The Federal Trade Commission narrowly voted Tuesday to ban nearly all noncompetes, employment agreements that typically prevent workers from joining competing businesses or launching ones of their own...

"For more than a year, the group has vigorously opposed the ban, saying that noncompetes are vital to companies, by allowing them to better guard trade secrets, and employees, by giving employers greater incentive to invest in workforce training and development."

Those 10,000 5-star reviews are fake. Now they’ll also be illegal.; The Washington Post, June 30, 2023

Geoffrey A. Fowler, The Washington Post ; Those 10,000 5-star reviews are fake. Now they’ll also be illegal.

"The Federal Trade Commission on Friday proposed new rules to take aim at businesses that buy, sell and manipulate online reviews. If the rules are approved, they’ll carry a big stick: a fine of up to $50,000 for each fake review, for each time a consumer sees it."

Regulators Fine Google $170 Million for Violating Children’s Privacy on YouTube; The New York Times, September 4, 2019

Natasha Singer and Kate Conger, The New York Times;

Regulators Fine Google $170 Million for Violating Children’s Privacy on YouTube

 

"Google on Wednesday agreed to pay a record $170 million fine and to make changes to protect children’s privacy on YouTube, as regulators said the video site had knowingly and illegally harvested personal information from youngsters and used that data to profit by targeting them with ads.

The measures were part of a settlement with the Federal Trade Commission and New York’s attorney general. They said YouTube had violated a federal children’s privacy law known as the Children’s Online Privacy Protection Act, or COPPA."

YouTube should be fined billions for illegally collecting children's data, privacy groups claim; CNBC, April 9, 2018

Sam Meredith, CNBC; YouTube should be fined billions for illegally collecting children's data, privacy groups claim

"YouTube, one of the world's most popular websites, has been accused of improperly collecting the personal data of young children.

In a complaint filed to the Federal Trade Commission (FTC) on Monday, a coalition of more than 20 advocacy, consumer and privacy groups claim that Google's video platform is violating U.S. child protection laws by collecting personal data on users aged less than 13 years old.

The coalition is calling for Google to change how it manages content for younger audiences and wants YouTube to pay a fine worth billions of dollars for allegedly profiting off children's viewing habits."

Facebook's Sheryl Sandberg On Data Privacy Fail: 'We Were Way Too Idealistic'; NPR, April 5, 2018

Vanessa Romo, NPR; Facebook's Sheryl Sandberg On Data Privacy Fail: 'We Were Way Too Idealistic'

[Kip Currier: Interesting Public Relations strategy that Facebook's COO Sheryl Sandberg tested out with NPR.
What do you think--was it "idealistic" naivete, careless indifference, an intentional component of Facebook's business model and strategic planning, willful blindness, negligence, and/or something else?]

""We really believed in social experiences. We really believed in protecting privacy. But we were way too idealistic. We did not think enough about the abuse cases," [Facebook Chief Operating Officer Sheryl Sandberg] said.

Facebook, the world's largest social media company, is in the middle of a reputational crisis and faces questions from lawmakers and regulatory agencies after the political research firm Cambridge Analytica collected information on as many as 87 million people without their permission. Previous estimates had put the number of users affected at 50 million.

Now the company, which has lost about $100 billion in stock value since February, is reviewing its data policies — and changing some of them — to find better methods of protecting user data.

And its leaders are apologizing.

"We know that we did not do enough to protect people's data," Sandberg said. "I'm really sorry for that. Mark [Zuckerberg] is really sorry for that, and what we're doing now is taking really firm action."

The Federal Trade Commission is looking into whether Facebook violated a 2011 consent decree by allowing third parties to have unrestricted access to user data without users' permission and contrary to user preferences and expectations.

The penalties for violating the order would be devastating, even for Facebook. At $40,000 per violation, the total cost could theoretically run into the billions."

FTC, states increase pressure on Facebook on privacy; Associated Press via Chicago Tribune, March 26, 2018

Barbara Ortutay and Andrew Selsky, Associated Press via Chicago Tribune; FTC, states increase pressure on Facebook on privacy

"U.S. regulators and state attorneys general are increasing pressure on Facebook as they probe whether the company's data-collection practices have hurt the people who use its services.

The Federal Trade Commission confirmed news reports on Monday that it was investigating the company. Separately, the attorneys general for 37 U.S. states and territories sought details Monday on how Facebook monitored what app developers did with data collected on Facebook users and whether Facebook had safeguards to prevent misuse...

Facebook is also facing questions about reports that it collected years of contact names, telephone numbers, call lengths and information about text messages from Android users. Facebook says the data is used "to improve people's experience across Facebook" by helping to connect with others. But the company did not spell out exactly what it used the data for or why it needed it."

States consider tougher web privacy laws; Bloomberg via News Chief, July 6, 2017

Todd Shields, Bloomberg via News Chief; States consider tougher web privacy laws

"Soon after President Donald Trump took office with a pledge to cut regulations, Republicans in Congress killed an Obama-era rule restricting how broadband companies may use customer data such as web browsing histories.

But the rule may be finding new life in the states.

Lawmakers in almost two dozen state capitols are considering ways to bolster consumer privacy protections rolled back with Trump’s signature in April. The proposals being debated from New York to California would limit how AT&T, Verizon Communications and Comcast use subscribers’ data."

Privacy Rules Apply To Connected Toys, FTC Says; Digital News Daily, June 28, 2017

Wendy Davis, Digital News Daily; Privacy Rules Apply To Connected Toys, FTC Says

"A federal law that limits companies' ability to collect data from children applies to businesses that gather data from connected toys and other devices, the Federal Trade Commission says.

The Children's Online Privacy Protection Act, which initially regulated data collection at Web sites, also "can apply to the growing list of connected devices that make up the Internet of Things," the FTC said in guidance issued last week."

Robocalling soars despite 'Do Not Call' registry, as scammers 'couldn't care less' about bothering consumers; CNBC, June 25, 2017

Jennifer Schlesinger, CNBC; Robocalling soars despite 'Do Not Call' registry, as scammers 'couldn't care less' about bothering consumers

[Kip Currier: Posting this in response to a timely question from an attendee at the Jewish Federation of Greater Pittsburgh's "Conversations That Count" "Privacy in a Digital Age" program, for which I was a co-panelist last night.]

""The 'Do Not Call' registry actually works for legitimate businesses," said Alex Quilici, CEO of YouMail. "The problem is all the people who don't respect it, who are the scammers who [couldn't] care less."

The calls are often coming from overseas, where scammers try to stay out of the reach of regulatory authorities, according to the FTC...

• Register your number on the Do Not Call List, donotcall.gov. "After that if you get a call that is trying to sell you a good or service, you have a pretty good idea that that call is illegal and the person behind that call is a law violator, and so you have a good sense of knowing that that's a call that you don't want to engage in," Kopec said.
• Report illegal robo-sales calls to the FTC at complaints.donotcall.gov. The government passed on these numbers to services that block calls."

Telco-Backed Politician Wants to Restore Privacy Rules She Helped Kill; Wired, May 24, 2017

Klint Finley, Wired; Telco-Backed Politician Wants to Restore Privacy Rules She Helped Kill

"...[L]ast week Representative Blackburn, Republican chair of the House Communications and Technology Subcommittee, introduced the BROWSER Act (yes, it’s an acronym: Balancing the Rights of Web Surfers Equally and Responsibly). Not only would the bill apparently reinstate the ban on internet providers selling data without opt-in permission; it would also subject “edge providers”—websites apps, in other words—to the same restrictions.

That’s right: The bill would require any internet company to get opt-in permission before sharing sensitive information such as health data, your social security number, or internet browsing history. Simply allowing users to opt out wouldn’t cut it. What’s more, companies wouldn’t be able to make opting in a requirement to use their services."

No, Republicans didn’t just strip away your Internet privacy rights; Washington Post, April 4, 2017

Ajit Pai and Maureen Ohlhausen, Washington Post; No, Republicans didn’t just strip away your Internet privacy rights

[Kip Currier: In light of recent controversial online privacy developments, I'm particularly intrigued to hear what Maureen Ohlhausen, acting chairman of the Federal Trade Commission, has to say at a Thursday, April 6 lunch I'll be attending during the 32nd Annual Intellectual Property Law Conference.]

"Ajit Pai is chairman of the Federal Communications Commission. Maureen Ohlhausen is acting chairman of the Federal Trade Commission...

The FCC’s regulations weren’t about protecting consumers’ privacy. They were about government picking winners and losers in the marketplace. If two online companies have access to the same data about your Internet usage, why should the federal government give one company greater leeway to use it than the other?...

In short, the Obama administration fractured our nation’s online privacy law, and it is our job to fix it. We pledge to the American people that we will do just that."

With New Law Shielding Negative Reviews, It's Time to Update Terms of Use; Inside Counsel, 1/12/17

Jennifer Williams-Alvarez, Inside Counsel; 

With New Law Shielding Negative Reviews, It's Time to Update Terms of Use

"The Consumer Review Fairness Act of 2016, signed into law by President Barack Obama on Dec. 14, voids provisions in form contracts that aim to prohibit or restrict a consumer's ability to leave a negative review. While a number of exceptions are included to allow businesses to take action for such things as defamatory or vulgar reviews, the CRFA makes it unlawful to include so-called gag clauses in contracts with consumers and authorizes the Federal Trade Commission, and in some cases, state attorneys general, to bring enforcement actions.

The law makes it unlawful to offer contracts with these clauses 90 days after enactment, in mid-March, and the enforcement provisions are effective one year after enactment, in December.

The law was enacted in response to a number of news stories about businesses going to battle with customers over bad reviews."

USPTO Fights Fraudulent Trademark Solicitations; Guest blog by Commissioner for Trademarks Mary Boney Denison, Director's Forum: A Blog from USPTO's Leadership, 12/21/16

Guest blog by Commissioner for Trademarks Mary Boney Denison, Director's Forum: A Blog from USPTO's Leadership; USPTO Fights Fraudulent Trademark Solicitations:

"The USPTO has worked hard to fight solicitations from companies fraudulently promising to protect trademarks, and we have taken a number of steps to help raise awareness of these schemes in an attempt to limit the number of victims defrauded. Our agency works closely with federal agencies, including the Department of Justice, the Federal Trade Commission, and the United States Postal Inspection Service to combat the problem...

A registered trademark is a valuable asset, and where there’s money, unfortunately, there are bound to be criminal elements lurking. The USPTO continues to provide its ongoing full support to U.S. law enforcement officials working on this issue."

FTC warns companies that ‘big data’ comes with the potential for big problems; Washington Post, 1/7/16

Andrea Peterson, Washington Post; FTC warns companies that ‘big data’ comes with the potential for big problems:

"Companies are tracking more data about consumers than ever. Practically every click you make online creates new records in some distant database, and your real world actions, too, can increasingly be tracked through your mobile phone or new commercial surveillance advances.

But the Federal Trade Commission, one of the government's chief privacy watchdogs, just warned companies to think twice about how they use those vast data troves.

The agency on Wednesday released a new report that advises companies on how to avoid hurting the most vulnerable as they push further into the booming "big data" economy."

Privacy Group Files F.T.C. Complaint Against Samsung’s Voice-Operated TVs; New York Times, 2/25/15

Nick Wingfield, New York Times; Privacy Group Files F.T.C. Complaint Against Samsung’s Voice-Operated TVs:

"The Electronic Privacy Information Center has asked the Federal Trade Commission to investigate Samsung over what it says is the recording of private conversations in homes through the company’s television sets.

The privacy rights group filed a complaint with the commission on Tuesday accusing Samsung of violating federal laws with a technology that allows viewers to operate the company’s Internet-connected smart TVs with voice commands."

Facebook Amends Privacy Policies; New York Times, 11/15/13

Vindu Goel, New York Times; Facebook Amends Privacy Policies: "Facebook pressed ahead on Friday with changes to its privacy policies, first proposed in August, that make it clear that users’ postings on the service and other personal data can be used in advertising on the site. But the company deleted controversial language that had declared that any teenager using the service was presumed to have gotten parental permission for their data to be used in advertising. The company says it already has that permission from other terms of use... Facebook’s use of teenagers’ information in ads is particularly sensitive for privacy advocates, who say that children are especially vulnerable to marketing messages and are more likely to respond to endorsements from friends."

Google's FTC Settlement Over Privacy Breach Makes History; HuffingtonPost.com, 3/30/11

Bianca Bosker, HuffingtonPost.com; Google's FTC Settlement Over Privacy Breach Makes History:

"Google's settlement is unprecedented, not only because it marks the first time the FTC has accused a company of violating privacy rules spelled out under the U.S.-EU Safe Harbor Framework, but also because it is the first settlement requiring a company to institute a "comprehensive privacy program" as part of the agreement, according to the FTC.

Google will also have to submit to regular, independent privacy audits once every two years for the next 20 years and will be required to obtain "affirmative consent" from users before changing how it shares their personal data with third parties."

Facebook Users Who Are Under Age Raise Concerns; New York Times, 3/11/11

Matt Richtel and Miguel Helft, New York Times; Facebook Users Who Are Under Age Raise Concerns:

"Victoria’s father, Brian Lai, an airline mechanic, said young people “have to have experience using the Internet. It’s the future.” He said Victoria told him she was going onto the sites, and he told her: “It’s not good to lie, but you can make an exception.”

Jerry Ng, Victoria’s 14-year-old cousin, agreed. “It’s one thing to lie to a person,” he said. “But this is lying to a computer.”"