Technology

FTC Authorizes Use of Civil Investigative Demands (CIDs) for AI-Related Products and Services

On November 21, 2023, the Federal Trade Commission announced that it has approved an omnibus resolution authorizing the use of compulsory process in non-public investigations involving products and services that use or claim to be produced using artificial intelligence (AI) or claim to detect its use.  The resolution will streamline the FTC staff counsel’s ability to…

Richard B. Newman Quoted in Cybersecurity Law Report on Xbox and Alexa FTC COPPA Case Lessons: Biometrics, Avatars and Other New Expectations

FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Cybersecurity Law Report titled “Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations.” The article discusses the FTC’s recent privacy enforcement run and how it reinforces regulators’ expanding expectations for companies using video and audio recordings, smart devices…

FTC Requires Microsoft to Pay $20 million over Charges it Illegally Collected Personal Information from Children without Parental Consent

On June 5, 2023, the FTC announced that Microsoft will pay $20 million to settle agency charges that it violated the Children’s Online Privacy Protection Act (“COPPA”) by collecting personal information from children that signed up to its Xbox gaming system without notifying their parents or obtaining their parents’ consent, and by illegally retaining children’s…

Use of Certain Technologies to Track Web Session Data May be Unlawful

Attention Lead Generators  The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of  California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as…

FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition

On August 19, 2021, the Federal Trade Commission filed an amended complaint against Facebook in the agency’s ongoing federal antitrust case.  The complaint alleges that after repeated failed attempts to develop innovative mobile features for its network, Facebook instead resorted to an illegal buy-or-bury scheme to maintain its dominance.  According to the FTC, Facebook unlawfully acquired innovative…

Richard Newman Authors Article for National Law Review on FTC Social Media Bot and Deceptive Advertising Congressional Report

FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “FTC Reports to Congress on Social Media Bots and Deceptive Advertising.” On Jul 16, 2020, the Federal Trade Commission announced that it has sent a report to Congress on the use of social media bots in online advertising.  The report summarizes…