Technology

Reno v. ACLU: U.S. Supreme Court Finds Disputed Provisions of Communications Decency Act Unconstitutional

Published on: January 13, 2010 | by Law Offices of Salar Atrizadeh

On June 26, 1997, in the first Internet-related U.S. Supreme Court case ever to be decided, seven justices found the disputed provisions of the Communications Decency Act (CDA) unconstitutional under the First Amendment. Justice John Paul Stevens delivered the opinion of the Court, and was joined by Justices Breyer, Ginsburg, Kennedy, Scalia, Souter, and Thomas. Justice O’Connor filed a separate opinion, joined by Chief Justice Rehnquist, concurring in the decision but dissenting in part.

Decision Highlights:

The opinion was a ringing endorsement of the Internet as a “dramatic” and “unique” “marketplace of ideas.”

FTC on Privacy and Identity Protection

Published on: January 5, 2010 | by Law Offices of Salar Atrizadeh

FTC BEGINS COMPREHENSIVE PRIVACY REVIEW THROUGH PUBLIC ROUNDTABLES

On December 7, 2009, the Federal Trade Commission (FTC) began the first of three public “Exploring Privacy” roundtables. To an extent, the FTC is at a similar stage as it was in 1989 when it held its conference on online profiling (now referred to as “behavioral targeting”) that led to a recommendation to Congress for “legislation that would set forth a basic level of privacy protection for all visitors to consumer-oriented commercial Web sites with respect to profiling.”[i] The recommendation was withdrawn under the Bush Administration to determine whether the newly established Network Advertising Initiative’s (NAI) self-regulatory standards would prove sufficient.

In 2007, the FTC revisited this issue with its “behavioral targeting” workshop that led to the FTC proposing self-regulatory principles on behavioral targeting for the online advertising industry to adopt.[ii] The FTC’s “suggested” principles were not warmly received by the industry. By 2009, however, the NAI and a coalition of major trade groups including the Interactive Advertising Bureau (IAB) each released proposed principles addressing behavioral advertising.[iii]

Changes to Facebook User Privacy Settings

Published on: January 5, 2010 | by Law Offices of Salar Atrizadeh

Facebook Privacy Changes Claimed as Unfair and Deceptive

On December 17, 2009, the Electronic Privacy Information Center (EPIC) petitioned the Federal Trade Commission claiming that changes to Facebook user privacy settings constituted an unfair and deceptive practice.

In early November and December, 2009, Facebook changed the process by which users set their respective privacy settings. EPIC alleges that the changes are confusing, replace the simple complete opt-out of information sharing through the Facebook Platform and Facebook Connect functions, and require third party application users to provide developers with personal information that users formerly would have been able to prevent application developers from accessing. The complaint requests that the FTC compel Facebook to restore its former privacy settings.