The Cybersecurity Law Report

Incisive intelligence on cybersecurity law and regulation

Articles By Topic

By Topic: Mobile Technology

  • From Vol. 3 No.2 (Jan. 25, 2017)

    Tracking Consumer Data: DAA Guidance Applies Core Principles to Cross-Device Technology

    No longer tied to a desk for internet browsing, consumers move among devices, platforms, software, apps and service providers. While the technology offers consumers great convenience and other benefits, it can also make them uneasy as new forms of tracking are continually being developed. On February 1, 2017, the Council of Better Business Bureaus and the Direct Marketing Association will begin enforcement of the Application of the Digital Advertising Alliance Principles of Transparency and Control to Data Used Across Devices. The guidance takes DAA standards and principles and applies those to the technology of cross-device tracking. “DAA has been really effective by focusing on advertising practices, like cross-app advertising or cross-device linking, rather than focusing on specific technologies,” because the technologies rapidly change, Lindsey Tonsager, a partner at Covington, explained. See also “FTC Chair Addresses the Agency’s Data Privacy Concerns With Cross-Device Tracking” (Nov. 25, 2015).

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  • From Vol. 2 No.21 (Oct. 19, 2016)

    Finding the Best Ways to Secure Digital Transactions in a Mobile World 

    Technology is trying to keep up with the pace of consumers’ mobile transactions. Companies are trying to give consumers convenience while ensuring their financial and personal data security. In a guest article, David Poole, business development director at MYPINPAD, explains that while methods such as biometrics, machine learning, passwords and PINs each offer benefits to companies and consumers, there is a need to not only improve processes of authentication but also combine these methods to ensure the most secure exchanges. See “How to Secure Evolving Mobile Technology and the Data It Collects (Part One of Two)” (Jul. 29, 2015); “Navigating the Evolving Mobile Arena Landscape (Part Two of Two)” (Aug. 12, 2015).

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  • From Vol. 2 No.19 (Sep. 21, 2016)

    Staying Cybersecure Without Mobile Device Management

    Control over employees’ devices can offer companies reassurance that they are protecting sensitive information. Many organizations, however, find they must proceed without mobile device management or enterprise mobility management due to cost or employee pushback over privacy concerns. At a recent Gartner webinar, Rob Smith, a research director at Gartner, examined factors organizations should consider as they decide whether to purchase and deploy MDM and EMM solutions. He also explained the pros and cons of other security approaches for organizations looking for alternatives. See also “Legal and Regulatory Expectations for Mobile Device Privacy and Security” Part One (Feb. 3, 2016); Part Two (Feb. 17, 2016).

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  • From Vol. 2 No.16 (Aug. 3, 2016)

    Is Pokémon Go Pushing the Bounds of Mobile App Privacy and Security?

    The popularity of the new app Pokémon Go, an augmented reality game in which players use their mobile devices to catch Pokémon characters in real-life locations, continues to grow despite security and privacy concerns. Intelligence firm Sensor Tower estimates the game has been downloaded 75 million times. The game’s success brings to light a number of privacy issues generally tied to the collection, storage and sharing of user information by mobile apps, as well as users’ control of those actions and the app’s disclosure practices. Justine Gottshall, a partner at InfoLawGroup, and Shook, Hardy & Bacon attorney Eric Boos recently spoke with The Cybersecurity Law Report about these issues as well as the recently filed lawsuit alleging that the Pokémon Go terms of service and privacy policy are deceptive and unfair. See “Legal and Regulatory Expectations for Mobile Device Privacy and Security” Part One (Feb. 3, 2016); Part Two (Feb. 17, 2016).

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  • From Vol. 2 No.8 (Apr. 13, 2016)

    The Regulators’ View of Best Practices for Social Media and Mobile Apps

    Social media and mobile apps provide consumers and companies with a host of benefits, such as improved access to information and the tailoring of content to the consumer, but also present privacy and security challenges that are continually evolving. At a recent PLI program, a panel of regulators shared their views on the emerging regulatory landscape for social media and mobile apps. Laura D. Berger, a senior attorney in the division of privacy and identity protection at the FTC; Joanne McNabb, the director of privacy education and policy in the privacy enforcement and protection unit of California’s Attorney General’s office; and Thomas M. Selman, executive vice president, regulatory policy, and legal compliance officer of FINRA, discussed their respective agencies’ roles and responsibilities, the enforcement priorities of their agencies, and examples of best practices in the use and development of social media and mobile apps. D. Reed Freeman, Jr., a partner at WilmerHale, moderated the panel. See “Legal and Regulatory Expectations for Mobile Device Privacy and Security (Part One of Two)” Feb. 3, 2016; Part Two, Feb. 17, 2016.

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  • From Vol. 2 No.4 (Feb. 17, 2016)

    Legal and Regulatory Expectations for Mobile Device Privacy and Security (Part Two of Two)

    Companies are capitalizing on increased personal and professional mobile device use by collecting, storing and sharing mobile-generated information to improve products and services and target advertising. During a recent webinar, WilmerHale partners D. Reed Freeman, Jr. and Heather Zachary examined the latest federal, state and self-regulatory privacy and data security expectations tied to mobile devices. In this second installment of our two-part series, Freeman and Zachary address: how to ensure compliance in the use of cross-device advertising and tracking; Telephone Consumer Protection Act lessons; and key differences in Canada and E.U. regulations. Part one covered how practitioners can navigate the regulatory environment for mobile advertising, including self-regulatory guidance and the increasingly important role of the FCC. See also “FTC Chair Addresses the Agency’s Data Privacy Concerns With Cross-Device Tracking” (Nov. 25, 2015).

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  • From Vol. 2 No.3 (Feb. 3, 2016)

    Legal and Regulatory Expectations for Mobile Device Privacy and Security (Part One of Two)

    With consumers now using mobile devices in nearly every aspect of their personal and professional lives, companies are collecting, storing and sharing information from mobile use for a wide range of initiatives such as improving products and services and targeted advertising. During a recent webinar, WilmerHale partners D. Reed Freeman, Jr. and Heather Zachary examined the latest federal, state and self-regulatory privacy and data security expectations. Part one in this two-part series covers the panelists’ detailed discussion about how practitioners can navigate the regulatory environment for mobile advertising, including self-regulatory guidance and the increasingly important role of the FCC. In part two, Freeman and Zachary address: how to ensure compliance in the use of cross-device advertising and tracking; lessons from the Telephone Consumer Protection Act; and key aspects of the E.U. and Canada’s mobile privacy and data security regulations. See also “FTC Chair Addresses the Agency’s Data Privacy Concerns With Cross-Device Tracking” (Nov. 25, 2015).

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  • From Vol. 2 No.1 (Jan. 6, 2016)

    Keeping Up with Technology and Regulatory Changes in Online Advertising to Mitigate Risks

    The advertising and marketing industries are continually transforming the ways they reach and track consumers.  These changes bring with them a moving target of privacy challenges as companies try to ensure security of the data they collect as well as legal and regulatory compliance.  At a recent PLI program, Joseph J. Lewczak, a Davis & Gilbert partner, and Matthew Haies, general counsel at global digital media platform Xaxis, analyzed the current state of consumer data collection and privacy issues in a discussion of technological, regulatory and legal developments.  See also “The Tension Between Interest-Based Advertising and Data Privacy” (Sep. 16, 2015).

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  • From Vol. 1 No.12 (Sep. 16, 2015)

    Examining Evolving Legal Ethics in the Age of the Cloud, Mobile Devices and Social Media (Part Two of Two)

     

    As technology advances – changing the way lawyers communicate with clients and store and use sensitive information – lawyers’ ethical obligations must evolve to keep up.  Addressing technology issues through a legal ethics prism, panelists Pamela A. Bresnahan, a senior partner at Vorys, Sater, Seymour and Pease; and David J. Elkanich, a partner at Holland & Knight, discussed the ethical issues that lawyers face when using technology in their practices, and the practical steps lawyers can take to prevent or mitigate these risks.  This second article in our two-part series covers ethical guidance for attorneys in the realm of social media.  The first article discussed application of ethical rules to technology and the proper use of cloud technology and mobile devices.  See also “Understanding and Addressing Cybersecurity Vulnerabilities at Law Firms: Strategies for Vendors, Lawyers and Clients,” The Cybersecurity Law Report, Vol. 1, No. 5 (Jun. 3, 2015).

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  • From Vol. 1 No.11 (Aug. 26, 2015)

    Examining Evolving Legal Ethics in the Age of the Cloud, Mobile Devices and Social Media (Part One of Two)

    Lawyers often don’t think about the ethics rules as applied to their conduct online or through the use of technology, panelists said at a recent conference hosted by PLI’s TechLaw Institute.  But as technology advances and continues changing the way lawyers practice, the ethical obligations of lawyers have also evolved in light of the new ways that practitioners communicate with clients, and store and use sensitive information.  Addressing technology issues through a legal ethics prism, panelists David J. Elkanich, a partner at Holland & Knight, and Pamela A. Bresnahan, a senior partner at Vorys, Sater, Seymour and Pease, discussed the ethical issues that lawyers face when using technology in their practices, and the practical steps lawyers can take to prevent or mitigate these risks.  This article, the first of our two-part series, covers ethical rules as they apply to technology and the proper use of cloud technology and mobile devices. The second part will cover ethical guidance for attorneys in the realm of social media.  See also Understanding and Addressing Cybersecurity Vulnerabilities at Law Firms: Strategies for Vendors, Lawyers and Clients,” The Cybersecurity Law Report, Vol. 1, No. 5 (Jun. 3, 2015).

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  • From Vol. 1 No.10 (Aug. 12, 2015)

    Navigating the Evolving Mobile Arena Landscape (Part Two of Two)

    Mobile devices, and their constantly changing technology, present unique cybersecurity and privacy issues.  In the second installment of our coverage of a recent panel at PLI’s Sixteenth Annual Institute on Privacy and Data Security Law, Aaron P. Simpson, a partner at Hunton & Williams and H. Leigh Feldman, global chief privacy officer at Citi, discuss these challenges and contextualize relevant policy and regulatory landscapes in the U.S. and Europe, including enforcement activity.  The first article in the series explained the specific challenges related to mobile and wearable technology and presented best practices for stakeholders as consumers demand control of their information.  See also “Tackling Privacy and Cybersecurity Challenges While Fostering Innovation in the Internet of Things,” The Cybersecurity Law Report, Vol. 1, No. 4 (May 20, 2015). 

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  • From Vol. 1 No.9 (Jul. 29, 2015)

    How to Secure Evolving Mobile Technology and the Data It Collects (Part One of Two)

    Mobile device technology is changing at a rapid pace, as are the ways consumers are interacting with those devices.  This atmosphere is continually creating new cybersecurity and data privacy challenges that demand the attention of retailers, app developers, consumers and regulators.  During a recent panel at PLI’s Sixteenth Annual Institute on Privacy and Data Security Law, Aaron P. Simpson, a partner at Hunton & Williams, and H. Leigh Feldman, global chief privacy officer at Citi, discussed privacy and security issues in the mobile arena.  This article, the first of a two-part series, explains the specific challenges related to mobile and wearable technology and presents best practices for stakeholders as consumers demand control of their information.  See “Tackling Privacy and Cybersecurity Challenges While Fostering Innovation in the Internet of Things,” The Cybersecurity Law Report, Vol. 1, No. 4 (May 20, 2015).  The second article in the series will discuss the complex policy and regulatory landscapes for mobile devices in the U.S. and Europe, including enforcement efforts.  

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