On March 1, the Federal Communications Commission (FCC) granted a temporary stay of one of the broadband privacy rules adopted in October of last year. That rule, which pertains to data security, would otherwise take effect on March 2. Newly installed FCC Chairman Ajit Pai and Federal Trade Commission (FTC) Acting Chair Maureen Ohlhausen issued
Tracy Marshall
Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.
Tracy assists clients with compliance and advocates on their behalf. She is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP) and helps clients implement privacy, data security, and security breach response programs, develop internal and public-facing privacy policies to comply with applicable laws, respond to cyber and data security incidents, and manage relationships with service providers and third parties. Tracy advises on structuring and conducting email and text messaging campaigns, sweepstakes, contests, and other promotions, and she helps clients protect and enforce their intellectual property rights.
In addition, Tracy counsels clients on corporate matters and assists with structuring and negotiating a variety of transactions, including licensing, marketing, and outsourcing arrangements.
Tracy is frequently invited to speak at privacy, data security, telecommunications, and advertising conferences and is a contributor to Keller and Heckman’s Consumer Protection Connection blog and Beyond Telecom Law Blog.
Sealed: Three IT Companies Settle FTC Deceptive APEC Privacy Claims
If a business advertises it is a member of a privacy program, even a voluntary one, it had better be, according to the Federal Trade Commission (FTC). In separate but related complaints, the FTC alleged that three businesses – software provider Sentinel Labs Inc., private messaging app developer SpyChatter Inc., and cybersecurity software company Vir2us…
Smart TV Tracking Without Permission? Not So Clever
Have you ever had the niggling suspicion your television was watching you? Apparently, if it was made by smart technology manufacturer VIZIO, it very well may have been. In a $2.2 million settlement with the Federal Trade Commission (FTC) and the New Jersey Attorney General, VIZIO acknowledged that it collected and sold data from…
NIST Issues New Update to Cybersecurity Framework
On January 10, 2017, the National Institute of Standards and Technology (NIST) released an update to its Cybersecurity Framework, first issued in 2014. The Framework focuses on using business drivers to guide cybersecurity activities and considering cybersecurity risks as part of the organization’s risk management processes. The new draft provides details on managing cyber supply…
Turn, Inc. Settles with FTC Over Deceptive Consumer Tracking
In 2015, Verizon found itself in hot water over charges it was using a “super cookie” that continued to operate even when users believed they had opted out of mobile phone data tracking. Verizon allegedly then sent the data obtained to a third party for targeted advertising purposes without its customers’ consent. Verizon settled with…
Avoid Being Held Hostage: FTC Releases Ransomware Guidance
New research from security company Kaspersky Labs suggests that the use of ransomware is now so widespread that nearly every moment, a ransomware attack is being launched somewhere in the world on businesses and consumers.
Ransomware, or malicious software that infiltrates computer systems and uses tools like encryption to deny access or hold data “hostage”…
Another State AG Weighs in on Children’s Privacy
Texas Attorney General (AG) Ken Paxton announced a settlement with an app developer over concerns that the developer’s apps infringed children’s privacy.
The developer, Juxta Labs, Inc., offers a range of mobile apps and games. According to the AG’s press release, the company’s apps and social media were easy for children of any age to…
NTIA Announces Multistakeholder Workshop on IoT Security Patching
The National Telecommunications and Information Administration (NTIA) has announced it is convening a series of multistakeholder meetings concerning Internet of Things (IoT) Security Upgradability and Patching. The initial meeting will be held in Austin, Texas, on October 19, 2016. An associated Federal Register notice (expected to be published September 19, 2016) describes the short-term goal…
FCC Grants TCPA Relief to Energy Utilities and Schools
On August 4, 2016, the Federal Communications Commission (FCC) released a Declaratory Ruling granting in part two separate petitions that were filed last year – one by the Edison Electric Institute and American Gas Association, and another by Blackboard, Inc. – regarding application of the Telephone Consumer Protection Act of 1991 (TCPA) to certain types…
Shielded: EU Approves Privacy Pact with the U.S., Fee Schedule Proposed
The European Commission (EC) approved the EU–U.S. Privacy Shield on Tuesday, July 12, after European Union member states, through the Article 31 committee, approved the pact the previous week (more on the draft adequacy decision back in March here and the earlier agreement laying out the Privacy Shield here). The decision will allow U.S.…