Gonzalo Mon writes in Mashable that “Although various bills pending in Congress would require companies to get consent before collecting certain types of information, outside of COPPA, getting consent is not a uniformly applicable legal requirement yet. Nevertheless, there are some types of information (such as location-based data) for which getting consent may be a [...]

For businesses, is there an obligation in the United States to do anything more than simply have a privacy policy?  The answer is not much of an obligation at all. Put another way, is it simply a question of disclosure – so long as a business tells users what it intends to do with their [...]

Two dueling tattoo parlors down the road from one another in Mobile, Alabama. It could be the premise of a TLC reality show.  It’s not (yet) a TV show, but it IS a court case recently decided by the Alabama Court of Civil Appeals. In September, that court ruled in favor of Chassity Ebbole, owner [...]

In June of this year, Senator Al Franken (D. Minn.) introduced the “Location Privacy Protection Act of 2011” (S. 1223).  According to the bill summary available on Franken’s website, a 2010 investigation by the Wall Street Journal revealed that 47 of the top 101 mobile applications for Apple iPhones and Google Android phones disclose user location [...]

[Audio clip: view full post to listen] Today, we will discuss the business and, particularly, the legal landscape faced by application (App) developers dealing with mobile platforms (iOS, Android and Blackberry being dominant), including dealing with application interfaces (APIs) when developing based on existing applications, and, of course, client relationships. I am joined today by [...]

The following is our first twitter chat on trending legal issues. This one focused on legal issues involved with app development and APIs and featured thoughts from attorneys Andrew Mirsky and Joy Butler (@joybutler). Be sure to stay tuned to the @MirskyLegal twitter account for more information on the next #lawchat and please tweet in using [...]

[Audio clip: view full post to listen] In January, the Supreme Court agreed to hear arguments in the case of IMS Health v. Sorrell, an appeal of a ruling in November in favor of data aggregator IMS Health by the U.S. Court of Appeals for the 2nd Circuit. The case involves a 2007 Vermont statute, [...]

A privacy policy?  Who needs a privacy policy?  Privacy is a mess.  You’re building an online business, and you figure you have to have a privacy policy.  But why?  Is “because everyone else has one” a good enough reason?  Ever wonder what you really need to know about privacy law?  I mean … what you [...]

Podcast #1: December 30, 2010 [Audio clip: view full post to listen] In today’s podcast, we discuss the Federal Trade Commission’s recently issued privacy proposals. My guest is Karen Neuman, a founding partner of St. Ledger-Roty Neuman & Olson LLP, a Washington, DC law firm that focuses on regulation of information technologies and communications law, [...]

A Connecticut company suspended and then fired an employee for making disparaging comments on Facebook about the company and about her supervisor. Not in dispute is that the employee’s actions violated the company’s social media and other personnel policies, which (among other things) prohibited depicting the company ‘in any way’ on Facebook or other social [...]