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A Blog About FTC regulations and happenings

Can the free market weigh in on data privacy and further data privacy rights in way that the law cannot? Can the free market put control over people’s data back in individuals’ hands? Many of us have been waiting for a market solution to address the privacy of personal data. As attorneys, we know from experience that laws and regulations are not always the best or most efficient way to resolve an issue. How to effectively address the rights of individuals to their data is no exception. Fueling the need for a market-based approach: a push for federal legislation in the U.S. can’t seem to make it past competing voices and competing concerns. Stakeholders have varying viewpoints on what is personal data, who owns it, and what rights an individual should be able to exercise over that data. A compelling market solution could cut through the dissonance and fashion an answer to the satisfaction of individuals and stakeholders alike. For starters, when individuals have a vested interest in their data, they are... Read more

When it is not clear which way to go, don’t. This is the upshot of an article by Wojciech Wiewiorowski: Facial recognition: A solution in search of a problem? Wiewiorowski is the Assistant Supervisor at the European Data Protection Supervisor (the E.U.’s independent data protection authority), which published his article on their site in late… Read More

On October 11, 2019, the Securities and Exchange Commission (“SEC”) filed a lawsuit against Telegram Group, Inc. and TON Issuer, Inc. (“Telegram”), and simultaneously obtained a temporary restraining order preventing Telegram from issuing its “Gram” cryptocurrency, which had been scheduled for delivery on October 31, 2019.  The SEC claimed that the sale of Grams amount… Read More

You Got Loot? FTC Examines In-Game Purchases
August 8, 2019

You Got Loot? FTC Examines In-Game Purchases

By: Whitney Fore

The FTC held three panels on Wednesday, August 7, 2019, that centered on one topic: loot boxes earned or purchased during online game play. It’s clear from the selection of panelists and the questions posed by FTC staff that the FTC is on high alert about potential consumer protection issues surrounding these in-game purchases.  If… Read More

It’s been a busy summer for the FTC and the federal agency is dominating the headlines. There is the $5 billion settlement with Facebook for failing to better protect user privacy, which was announced earlier this month. Then there is the multimillion dollar settlement with Google for failing to adequately protect children’s privacy. That was… Read More

Although the Telephone Consumer Protection Act (“TCPA”) limits the ways in which companies may contact individuals via automated dialers, with prerecorded messages, or via text message, one of its hallmarks is that companies are entitled to contact consumers who have provided their express consent to be called.  However, in 2015, the Federal Communications Commission (“FCC”)… Read More

Crypto exchange Bittrex made news this week when it announced its first initial exchange offering (IEO), which it was to host through its Malta-based affiliate Bittrex International.  Bittrex planned to offer its registered members the opportunity to buy RAID’s XRD token.  RAID is an international gaming data blockchain project, with the goal to create a… Read More

An issue of major importance to cryptocurrency and digital token markets has been whether tokens were all to be considered securities under U.S. law.  The SEC’s frequent admonishments that it would consider ICOs to be securities offerings has caused a dramatic slowdown in the US ICO market.  In one of the first cases to test… Read More