Category Archives: Regulation

The Federal Trade Commission Wants In On Big Data Regulation

The FTC has a tendency to see a role anywhere it wants to see a role. As described on its website, the FTC has a very broad mandate. Among other things, the FTC has the authority to investigate and prosecute … Continue reading

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The Federal Trade Commission Wants Transparency in Data Practices – But FTC Commissioners Are Not Transparent about Their Activities

It appears that we’ve got a problem with FTC Commissioners having undisclosed meetings with business representatives and business groups.  At a time when the FTC is seeking to expand its authority over data and privacy matters this is particularly troubling. … Continue reading

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Senate Continues Data Broker Investigation – Talk of Data Privacy and Security Legislation

Senate Investigation On December 18, 2013, the US Senate Committee on Commerce, Science and Transportation held a hearing titled, “What Information Do Data Brokers Have on Consumers, and How Do They Use It?”    Following up, Committee Chair Senator Rockefeller has now … Continue reading

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The Balkanization of the Internet Begins

The European regulatory response to NSA-gate is gathering momentum.  The focus du jour is the cloud.  This New York Times article is a nice summary of the nonsensical thinking of some Europeans.  For example, provided in the article: Viviane Reding, … Continue reading

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Carl Icahn Proves It – The SEC Got Social Media Disclosures Wrong

Carl Icahn’s partnership, Icahn Enterprises L.P. Carl Icahn, owns a big stake in Apple.  On Tuesday Apple stock went up more than 4%.  What’s the connection?  During the trading day Mr. Icahn Tweeted this: Apple CEO Tim Cook apparently discussed … Continue reading

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Will Wyndham Hotels Put Us on the Road to Rational Data Security Regulation?

I hope so. Here are the facts we need for this discussion: 1.         The Federal Trade Commission charged four different Wyndham corporations (which we’ll just call them all Wyndham here) with deceptive acts and practices, as well as unfair acts … Continue reading

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The Draft NTIA Mobile App Code of Conduct – Pretty Close to Useless

After more than a year of “stakeholder” discussions, the National Telecommunications and Information Agency released a final draft Short Form Notice Code of Conduct to Promote Transparency in Mobile App Practices. Let’s talk about what’s wrong with it. We have … Continue reading

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How is Facebook Different than the Deutsche Börse AlphaFlash?

You will recall that earlier in the year the Securities and Exchange Commission announced that it is OK for public companies to use social media to disclose what is (up to the time of disclosure) non-public information.  You will also … Continue reading

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Current Privacy Regulation Might Not Protect Your Personal Information

A June 1 article in The New York Times highlights some of the issues we are concerned with here at Big Data and the Law.  The article is about what Kate Crawford, a researcher at Microsoft Research, calls the “Six … Continue reading

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The 3D Gun Printing Example – Big Data Should Start Thinking about Export Control Law

It appears that thumbing his nose at the idea of gun control was what Cody Wilson had in mind when he arranged to publish the plans for using a 3D printer to manufacture his plastic gun.  It also appears that … Continue reading

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