The Secure Times

An online forum of the ABA Section of Antitrust Law's Privacy and Information Security Committee

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Upcoming Program: Nuts and Bolts of Privacy and Identity Protection.

The Young Lawyers Division Antitrust Law Committee and the Privacy and Information Security Committee will be presenting a teleconference program on November 19, from 12:00 to 1:30 pm EDT, on the Nuts and Bolts of Privacy and Identity Protection.
This program should be particularly interesting to law students and young lawyers interested in having a career in privacy and information security law. The program is free to ABA members.
From the flyer:
The Internet and other evolving information technologies, wired and wireless, have prompted the development of powerful tools for the collection, processing, storage and use of personal information. These trends create numerous issues regarding limitations on corporate rights to use that information and obligations to protect it from a variety of new risks and vulnerabilities. Legislators, regulators and the courts are rapidly developing new law and compliance obligations to address the privacy and security implications of the information economy. After providing background on the nuts and bolts of privacy and identity protection, our panelists will engage in a lively discussion that will touch on the various aspects of privacy and data security enforcement.”
There will be three panelists. Two of the panelists are attorneys in private practice, and the third panelist is an attorney at the Federal Trade Commission. You will be able to ask questions to the panelists, either in advance or during the program.

You can register for this teleconference here. We hope you will be able to join us for this exciting program!

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It’s Spring Meeting Time!

The 59th Antitrust Law Spring Meeting is underway in Washington, DC, and will continue through this Friday afternoon.  The Secure Times will be providing live blogging of several sessions that touch on data security and privacy issues.  Also, check out our series "Inside the Session" for previews and background information on several sessions. 

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Privacy Events: ABA Antitrust Spring Meeting: March 30-April 1, 2011

The Annual Antitrust Spring Meeting is next week in Washington DC! This year’s Chair’s Showcase Session highlights privacy issues in the Web 3.0 world. Here is a list of privacy-related presentations:
Wednesday, March 30
            – 8:45-10:30. Fundamentals of Consumer Protection. (Nat’l Press Club)
            – 9:00-10:30. Data Privacy and Consumer Protection Issues for U.S. Distribution Systems. (Salon IV)
            – 2:00-3:30 A New Paradigm: The Consumer Financial Protection Bureau and Antitrust     Enforcement
            – 3:15-5:15. Zeroing in on Behavioral Targeting (Salon IV)
            – 3:45-5:15. Cross-National Perspectives on Consumer Protection (Salon III)
Thursday, March 31
            – 8:15-9:45. Consumer Protection Regulatory Round-Up. Insights from the Enforcers. (Salon IV)
            – 10:00-noon    Chair’s Showcase Session: Competition and Consumer Protection in a Web 3.0 World. Panel 1 – Technology and Privacy Issues; Panel 2, Legal and Social Policy Issues. (Grand Ballroom)
Friday, April 1
            – 8:15-9:45. National Privacy Policies as Barriers to Entry in International Competition. (Ballroom – Nat’l Press Club)

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Inside the Session: Chris Wolf on Behavioral Advertising at the 59th Antitrust Law Spring Meeting




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Editor’s Note:  “Inside the Session” is a sneak preview of the privacy and information security-related sessions that will take place at  the 59th Antitrust Law Spring Meeting.  For more information on the conference, visit the ABA’s page on the event.


It’s no secret that, over the past several years, companies have embraced behavioral targeting to deliver personalized online advertising.  Nor is it any secret that legislators and regulators have been paying close attention to this topic.  The Secure Times recently spoke with Christopher Wolf, who will serve as session moderator of a Spring Meeting session entitled “Zeroing in on Behavioral Targeting”  Chris is a partner in the Washington, D.C. office of Hogan Lovell who practices in the field of privacy and data security law.  He also is the founder and co-chair of the Future of Privacy Forum think tank, which is examining the behavioral advertising issues.  He gave us a sneak preview of what to expect from the session on Wednesday, March 30, from 3:45-5:15pm.


Continue reading

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Data Privacy Day: January 28, 2011

Mark your calendars for Data Privacy Day – January 28, 2011.  Countries around the world are hosting events in honor of Data Privacy Day (or Data Protection Day).  This year is the thirtieth anniversary of the date on which the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data was opened for signature by the Council of Europe on January 28, 1981. Some highlights include:


– Panel Discussions around the world.  For example, the Council of Europe and European Commission are hosting a joint high-level meeting in Brussels (registration due January 24).  Google is opening its Washington, DC offices for Google breakfast and a panel discussion called “The Technology of Privacy: When Geeks Meet Wonks.”  


Local government initiatives – for example, the California Office of Privacy Protection will be launching a social media site: 


Happy Hours in many local areas on January 27, 2011, hosted by the International Association of Privacy Professionals (IAPP).


Check out,, or for events in your area. 

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Announcing Program on the FTC’s New Privacy Report

Please join us Tuesday, December 14th from 12noon-1:30pm for a telephonic program:  The FTC’s New Privacy Report:  What You Need to Know.  The featured speaker will be Jessica Rich, Deputy Director of the FTC’s Bureau of Consumer Protection.  She will provide background on the report, highlight its key proposals, and discuss the process going forward, including the opportunity to submit public comments in response to the proposed framework.  The session, which will include a Q&A opportunity, will be moderated by two distinguished privacy scholars, Fred Cate of Indiana University School of Law and Jeffrey Rosen of The George Washington University Law School.  Don’t miss this chance to hear directly from the FTC about the report!

The program is sponsored by the ABA Antitrust Section’s Privacy and Information Security, Civil Enforcement, Consumer Protection and Private Advertising Litigation Committees. 

To register, click here.

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November Privacy and Information Security Update Program – Dec. 9

Please join us on Thursday, December 9 from 1:00 pm – 2:00 pm EST for our next privacy and information security update program. Reed Freeman, Julie O’Neil, and Kimberly Robinson of Morrison & Foerster LLP will discuss legislative, regulatory, enforcement and litigation developments that have taken place during the month of November. Aryeh Friedman of Pfizer will moderate. For information about membership, or to RSVP for call-in details, please contact Jeanne Welch at

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FTC Holds Workshop on Journalism in the Internet Age

On December 1 and 2, the Federal Trade Commission held a workshop — "How Will Journalism Survive the Internet Age?" — exploring how the Internet has affected journalism and discussing a wide range of news-organization related issues, such as the economics of journalism in print and online, new business models for journalism online, and the ways in which journalism costs could be reduced while still maintaining quality. 
Commentators on this week’s workshop have noted that what was not discussed — notably behavioral advertising and other types of targeted online advertising — is as important as issues that were discussed.  Future regulation of consumer privacy and behavioral advertising is still unsettled as legislators and regulators debate the scope of potential privacy legislation and new rules or models that will regulate the industry.
Further debate on this topic is likely to continue at the Federal Trade Commission’s first Privacy Roundtable that will be held on Monday, December 7, at the Federal Trade Commission Conference Center in Washington, D.C.  A live webcast of this conference will be available at the FTC’s website. 

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House Subcommittees Hold Hearing to Address Potential Privacy Legislation

On November 19, 2009, the House Subcommittee on Commerce, Trade, and Consumer Protection and the House Subcommittee on Communications, Technology, and the Internet conducted a hearing entitled "Exploring the Offline and Online Collection and Use of Consumer Information."  The hearing focused primarily on the collection, dissemination, and use of personal information from both online and offline sources, as well exploring privacy issues that should be addressed by future legislation.  Highlights of the hearing included:
  • Subcommittee members and witnesses discussed many facets of personal information use for marketing purposes, such as how consumer data is collected, the types of data that businesses collect, consumers’ ability to access his or her personal information held by marketers, and consumer education concerning privacy matters.
  • Participants discussed elements that could be addressed in future legislation included increasing transparency and choice, consumer education, and providing consumers with a clear statement of their rights–such as the ability to "opt in" and/or "opt out" of having personal data collected.  Witnesses, such as Chris Hoofnagle with the University of California, Berkley – School of Law, encouraged consumer education measures, noting that most consumers are unaware of their obligation to object to data collection practices with which they do not agree, and that many consumers assume that personal information collected by companies is secure–which may not always be the case. 
  • Many of the witnesses advocated privacy protection through a self-regulatory scheme, but Subcommittee members countered that self-regulation is ineffective at stopping "bad actors" and comprehensive legislation is necessary to protect consumers from unscrupulous businesses.
  • Finally, almost all of the witnesses stressed that legislation should be tailored to meet the needs of different types of businesses and industries, as well as creating different standards to regulate the offline versus online collection and use of personal information. 
In a separate interview, Chairman of the House Energy and Commerce Subcommittee on Commerce, Trade, and Consumer Protection, Bobby Rush (D-IL), indicated that a draft privacy bill would not be circulated before the end of the year. 

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House Committee Holds Hearing on Collection and Use of Consumer Information

On Thursday, November 19, 2009 at 10 a.m., the House Subcommittee on Commerce, Trade, and Consumer Protection and the House Subcommittee on Communications, Technology, and the Internet will hold a hearing, "Exploring the Offline and Online Collection and Use of Consumer Information," to examine the collection and commercial use of consumer data in both online and offline environments.  The hearing is scheduled to take place in room 2123 of the Rayburn House Office Building and will also be broadcast live through a video Webcast available on the Committee of Energy and Commerce’s website and shown live on C-SPAN. 
Witnesses for tomorrow’s hearing include, George Pappachen from Kantar/WPP; Jennifer Barrett from Acxiom; Chris Hoofnagle from the University of California, Berkeley–School of Law; Zoe Strickland from Wal-Mart Stores Inc.; Michelle Bougie form and; and Pam Dixon from World Privacy Forum.  More information on the hearing can be found here.