USA: FTC Mobile Security Report “Call To Action” For Manufacturers

The Federal Trade Commission issued its report on improving mobile security update practices (‘the Report’). Melissa Maalouf spoke with DataGuidance about the Report and said, “While the Report is just ‘guidance’ and not law, the FTC often looks to the recommendations in its guidance documents as factors to consider when evaluating whether a company’s privacy and/or security practices constitute an unfair or deceptive act or practice under the FTC’s broad enforcement authority under Section 5 of the FTC Act of 1914 […] It is very likely that the recommendations in the Report will be taken into account by the FTC in analysing future data security/breach cases involving security vulnerabilities that were not patched but could have been.”

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Law360 Privacy & Consumer Protection Editorial Advisory Board

Congratulations Jeff Landis on becoming a member of Law360’s 2017 Privacy & Consumer Protection advisory board!

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FTC’s Smart-TV Privacy Settlement Unlikely To See An Encore

While smart-TV maker Vizio settled with the FTC for tracking users’ viewing habits, many suspect that the settlement will not set a trend. Kandi Parsons responded to the settlement, “Ohlhausen’s promise to lead an effort to ‘more rigorously’ evaluate what constitutes substantial injury hints that use of the unfairness prong of the FTC Act could require a stronger demonstration of harm, and thus be more limited, under her leadership.” This Law360 article is paywalled.

 

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Google’s Setback Heats Up Overseas Warrant Debate

The Eastern District of Pennsylvania ruled that Google must comply with search warrants requesting user data stored on overseas servers, focusing on how Google stores data. Marc Zwillinger spoke with Law360 about the ruling, “Since Google cannot identify in what country the data resides at any point in time, and it keeps changing, it’s hard to see how the retrieval of the data can violate anyone’s sovereignty.” This Law360 article is paywalled.

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Done with Politics, Thumbtack GC Turns Focus to Tech

“We work with ZwillGen. I like Anna Hsia at ZwillGen,” Katie Biber told Law.com. “She’s one of my favorite outside counsel and is really good at recognizing the difference between the different kinds of advice. She understands issues at their most intricate levels, but she’s also very good at providing practical advice.” This Law.com article is paywalled.

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FBI Plots Its Next Move in the Encryption Battle

“The next frontier in the battle between the FBI and technology companies over encrypted communications will be more legally complicated…The Communications Assistance for Law Enforcement Act doesn’t cover many Internet services and expressly states that a telecommunications provider can’t be responsible for decrypting any communication if it doesn’t possess the information necessary to do so, said Zwillinger a managing member of ZwillGen Pllc…If the FBI concludes it needs access to such data, “the court system is not going to be the proper place to resolve it,” Zwillinger said.”

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Meet Marc Zwillinger: Apple’s Secret Weapon in its Battle Against the FBI

“A bit of a tech wonk, who memorizes footnotes and page numbers in government briefs, Zwillinger has helped Yahoo battle America’s intelligence community in a secret court, counseled Facebook’s Whatsapp on dealing with police, and is coordinating a national legal strategy for America’s most valuable company on why it shouldn’t help the government unlock a terrorist’s phone.”

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Apple’s Line in the Sand Was Over a Year in the Making

Apple’s stance against unlocking an iPhone belonging to one of the San Bernardino attackers has been foreshadowed for more than a year. “We’re being forced to become an agent of law enforcement,” the company’s lawyer, Marc Zwillinger, protested in court.

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Judge Questions Legal Authority to Force Apple to Unlock iPhones

United States Magistrate Judge Orenstein expressed skepticism whether the government could compel Apple to unlock an iPhone under the authority of the 1789 All Writs Act. “There is “no indication Congress intended for the government to have this power,” Mr. Zwillinger said. “This is pushing the law to a new frontier”.”

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Apple Tells Court it Can’t Unlock New iPhones

“Forcing Apple to extract data in this case, absent clear legal authority to do so, could threaten the trust between Apple and its customers and substantially tarnish the Apple brand,” according to the brief, signed by Apple’s outside counsel Ken Dreifach, Marc Zwillinger and Jeffrey Landis. “This reputational harm could have a longer term economic impact beyond the mere cost of performing the single extraction at issue.”

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