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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Google, Viacom Ruling Limits Scope Of Video Privacy Actions

The New Jersey Ruling on re: Nickelodeon Consumer Privacy Litigation, MDL number 2443 suggests that there will be a decline in the “popularity” of VPPA suits, the Law360 article “Google, Viacom Ruling Limits Scope of Video Privacy Actions” reports. In the article, Marc Zwillinger talks about the decision’s ability to set precedence for future cases because it “adopts a very common-sense understanding of the VPPA – that specific information alleged to be disclosed to make out a violation of the VPPA be information that, without more, is akin to a name.”

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4 Ways To Build An Internet Gaming Practice

For companies looking to enter the online gambling and gaming industry, Ken Dreifach talks with Law360 in the article “4 Ways To Build an Internet Gaming Practice” about the need for attorneys to use and understand their client’s products. “If you’re just sitting at your desk looking at statutes and case law, without playing the game, you’re not going to be able to fully evaluate the game and give valuable advice.”

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Hulu Ruling Casts Doubt on Large-Scale Privacy Class Actions

Jeff Landis weighs in on the court’s refusal to certify a class action against Hulu due to the difficulty in verifying if each user’s info was actually transmitted to Facebook.

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