As encryption spreads, U.S. grapples with clash between privacy, security

In regards to the debate about end-to-end encryption, Marc Zwillinger was quoted in the Washington Post saying, “I don’t believe that law enforcement has an absolute right to gain access to every way in which two people may choose to communicate. And I don’t think our Founding Fathers would think so, either. The fact that the Constitution offers a process for obtaining a search warrant where there is probable cause is not support for the notion that it should be illegal to make an unbreakable lock. These are two distinct concepts.”

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ZwillGen Shortlisted for Chambers USA Awards

Following our firm retreat in New Orleans celebrating our five year anniversary, we learned that as a firm, we had been shortlisted for the Chambers USA Awards in the category of “Privacy & Data Security Team of the Year.” We are honored to have been nominated and we thank you, our clients, for giving us the opportunity to work with you and your incredible companies.

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Law360 Privacy Editorial Advisory Board

Congratulations Jeff Landis on becoming a member of Law360’s 2015 Privacy & Consumer Protection advisory board!

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Internet Giants to Government: Drop Dead

Failed and foggy legislation surrounding surveillance and cross-border digital searches has forced providers to make their own moves in order to preserve customer privacy. “Congress hasn’t shown an interest in trying to figure this out,” says Marc Zwillinger, a lawyer in Washington who’s represented Yahoo!, among others, in their responses to government requests for data. “The providers are stuck in the middle.”

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Future of FTC Data Security Enforcement Hinges on Forthcoming Wyndham Ruling

The long running battle between the FTC and Wyndham could soon be settled in the Third Circuit in the U.S. Court of Appeals. In connection with the upcoming ruling, Stacey Brandenburg spoke with BNA Bloomberg, suggesting that the ruling could help, “offer some clarity regarding the issues before it – in particular, regarding the role of the FTC in establishing data security standards.” Stacey continues, “When the FTC first entered this space, there were few entities providing guidance about what steps companies should consider to help protect their customer’s information from breaches; now, the landscape has changed somewhat, and it would be helpful for the court to determine whether the FTC’s role in this space is warranted, and justified by law.”

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‘Privacy-by-Design’ Is Crucial, but Not Easy or Cheap

To help protect their collected consumer data, ad-tech firm 4Info self-imposed a data privacy process with the legal guidance of Ken Dreifach.

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You think you’ve got bills? Government could have fined Yahoo trillions of dollars

Pulled from ZwillGen’s blog post “Highlights from the Newly Declassified FISCR Documents,” The Washington Post quotes Marc Zwillinger in the article “You think you’ve got bills? Government could have fined Yahoo trillions of dollars” and offers comical fiscal equivalents to the fines Yahoo! would have faced if they did not comply with the government’s surveillance requests in 2008.

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Meet the Lawyer Behind Yahoo’s Fight Over Surveillance

For his work with Yahoo! and the declassification of 1500+ pages of legal documents, The National Law Journal interviewed Marc Zwillinger about the document’s declassification and how his relationship with Yahoo has developed over the years.

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Popular Fantasy Football Gambling Industry Facing More Legal Scrutiny

The increasing popularity of fantasy sports has brought heighted attention to the legality of online fantasy sport contests. Marc Zwillinger spoke with the Miami Herald about how these contests operate legally under both federal and state laws.

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The Impact of MEGA Breaches on Consumers and Corporate America

As one of the contributors to Experian’s report “The Impact of Mega Breaches on Consumers & Corporate America,” Marc Zwillinger offers lessons stressing the importance of implementing a formal data breach response process as well as documenting your breach & response efforts.

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