Disclosures Located Only in Remotely Stored Images Violate CAN-SPAM
A federal district court in Utah recently found a marketer liable for $1.6 million in damages by default under the CAN-SPAM Act for making required advertising-related email disclosures only in remotely stored images (if at all) and using a proxy domain name registration service to obscure header information in its unsolicited commercial email messages. The marketing company, operating as Better Broadcasting, LLC and/or IONO Interactive, sent approximately 13,453 unsolicited commercial emails
. . . Liisa M. Thomas
; Caroline A. Wenzke
June 17, 2013
Securing E-voting For Company’s Staff Representatives Elections in France
There has been a significant growth in e-democracy in the last years, for all types of elections, and in many countries. E-voting improves the accessibility to the election for remote or disabled voters and allows easier and quicker counting of ballots. However, e-voting can facilitate electoral fraud or data protection breaches. The process has thus come under scrutiny by the French data protection authorities (the CNIL), to ensure that the system used for e-voting guarantees the positive id
. . . Liisa M. Thomas
; Blaise Deltombe
June 13, 2013
Company Agrees to Pay $300,000 to Resolve SEC Charge Over Employee Data Breach
Proxy advisor, Institutional Shareholder Services Inc. (ISS), recently agreed to pay a $300,000 fine arising out of a data breach after an SEC investigation. According to the SEC Order, an ISS employee revealed material, non-public information about clients participating in proxy contests to a proxy solicitor. In exchange for the confidential information, the proxy solicitor gave the ISS employee meals and expensive
. . . Sheryl A. Falk
; Liisa M. Thomas
June 12, 2013
HIPAA in the Cloud: Storing PHI May Make You a Business Associate Under HIPAA
The recently-promulgated final regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) take a broader view of entities that are considered business associates and require additional contracting between business associates. One somewhat surprising "clarification" under these broader rules is that storage providers, including cloud-based storage providers, can be considered business ass
. . . Linda Lemel Hoseman
; Liisa M. Thomas
June 11, 2013
Requiring Employer Access to Social Media Accounts Prohibited in Washington
Washington Governor Jay Inslee recently signed into law SB 5211, which prohibits employers from: (1) requesting the personal social media log-in information of employees or applicants; (2) requiring that employees or applicants access their accounts in the employer’s presence; (3) requiring that employees or applicants add an individual to their contact list; and (4) requiring that employees or applicants change their privacy settings. The law has a carve-out for companies requesting soc
. . . Liisa M. Thomas
; Eric M.D. Zion; Beth K. Louie
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