JD Supra Weekend Reader: The FTC Saves Face, DIY Cybersecurity, Legit Pink Ribbons, Online Poker, More
Five legal developments that stood out for us this week - as covered by lawyers and law firms on JD Supra. Enjoy your weekend:
I’m sure I’ve seen your face before:
And I never forget a face… The Federal Trade Commission is turning its attention to facial recognition technology. Earlier this month the agency released a report, “Facing Facts: Best Practices for Common Uses of Facial Recognition Technology,” setting forth guidelines on privacy and security for companies that use the technology. According to the report, the technologies have a number of potential uses, but significant risks for anonymity and cybersecurity. Key challenges for companies that use facial recognition technology: protecting the information they gather, making sure they aren’t looking where they shouldn’t, and keeping consumers informed – and obtaining their consent – when the technologies are in use. (Loeb & Loeb) (Balough Law Offices)
Cards begin to fall into place for online poker:
Can’t wait for Internet poker? You may like these odds… A draft bill proposing the legalization of online poker at the federal level was released this week by Senators Harry Reid and Jon Kyl. The “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012” calls for the creation an Office of Online Poker Oversight to regulate the industry. States and Indian tribes that wish to participate would be required opt in and affirmatively choose to participate in the program (they could also pass their own laws allowing intrastate online gaming). It might be too early to celebrate, though: the bill in its current form is likely to face steep opposition from a number of parties, including both states and operators, due to the high costs of participation. But even if this version doesn’t pass, it’s an important first step for the future of online gaming. (Ifrah Law)
Ready to take cybersecurity into your own hands?
Much has been written about cybersecurity recently (it is, after all, National Cybersecurity Awareness Month). But for Cynthia Larose and Sara Crasson (law firm Mintz Levin), cybersecurity isn’t limited to protecting national interests, commercial databases, and financial data. It also includes protecting individual communications from government surveillance:
“Recently … there has been an upsurge of interest in cryptography for e-mail, and other Internet communication, as many governments, including Western governments, have been stepping up their surveillance of the Internet.”
Are you reading this on a secure server? (Mintz Levin)
“Pink Ribbon” campaigns due for a check-up:
The New York Attorney General just released a report on “pink ribbon” campaigns, promotional fundraising efforts that create goodwill for companies while generating income for charities. (The original study looked at 40 charities and 130 companies involved in increasing breast cancer awareness.) “Five Best Practices for Transparent Cause Marketing” builds on existing legal standards to establish a set of strict disclosure and transparency guidelines. The new rules will take planning and coordination to ensure compliance, write Jonathan Pompan and Kristalyn Loson (law firm Venable), but should not be ignored: “[a] decision to disregard these standards could lead to a greater risk of investigation and enforcement.” (Venable)
First Monday in October: You Know What That Means…
This last piece isn’t so much one story as it is many stories. 39 to be exact. That’s the number of cases the Supreme Court has agreed to hear so far in its new term (the final number should be closer to 75 or 80). What are the country’s most pressing legal issues in the minds of the nine justices? Affirmative action (Fisher v. University of Texas at Austin). Class action litigation (Amgen Inc. v. Connecticut Retirement Plans and Trust Funds). Intellectual property (Kirtsaeng v. John Wiley & Sons, Inc and Already, LLC v. Nike, Inc.). Get to know the lawsuits, and the issues at play. (Skadden Arps)
