Cyber-bullying bill may threaten anonymous speech in New York By Alice Cheng In an attempt to combat cyber-bullying, a bill entitled the Internet Protection Act has been proposed in New York, requiring New York-based websites to “remove any comments posted on his or her website by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post.” The bill would allow those who are bullied or defamed online to take action to remove material. Howeve

Company allegedly collected information from toddlers and children in kindergarten through 2nd grade, including first and last names, a picture and other information. By Alice Cheng New Jersey Attorney General Jeffrey Chiesa and the New Jersey Division of Consumer Affairs have filed suit against Los Angeles-based mobile app developer, 24×7 digital, for allegedly violating the Children’s Online Privacy Protection Act (COPPA), a federal privacy law. The company’s “Teach Me” ap

No one wants to lose his or her job over a Facebook post. However, most employees also do not think twice before griping about a boss in a status update, or posting a picture from last Friday night on a coworker’s wall. While free speech has historically been protected in the United States, there can also be negative repercussions for exercising that right. By Alice Cheng Does it violate the law to fire someone over social media activity? Possibly, depending on whether the po

A New Jersey appeals court recently ruled that a criminal suspect has no reasonable expectation of privacy in his cell phone number. By Alice Cheng In State v. DeFranco, the defendant schoolteacher was charged with sexual assault of a former student. Defendant filed a motion to suppress evidence of a telephone conversation with the victim, which was intercepted by the police with the victim’s consent. The Appellate Division upheld the trial court’s denial of the motion, deter

Websites that collect information from children under the age of thirteen are required to comply with Children’s Online Privacy Protection Act (COPPA). The Federal Trade Commission (FTC) is generally responsible for ensuring compliance with COPPA. By Alice Cheng Earlier this year, the Federal Trade Commission (FTC) issued a staff report on the growing market for mobile apps for children and the disappointing privacy disclosures that accompanied them. A survey of mobile apps f

The Federal Communications Commission (FCC) is seeking for public comment on the privacy and security of personal information on mobile devices. By Alice Cheng The Federal Communications Commission (FCC) recently released a request for public comment on the privacy and security of personal information on mobile devices. The Commission, which regulates interstate and international radio, television, wire, satellite, and cable communications, had solicited public input on this

The Federal Trade Commission fined an online data broker who allegedly sold consumer reports containing internet and social media data in the context of employment screenings without adhering to the Fair Credit Reporting Act’s consumer protections. By Alice Cheng Data broker Spokeo recently agreed to pay $800,000 to settle Federal Trade Commission (FTC) charges in what is the FTC’s first Fair Credit Reporting Act (FCRA) case involving the “sale of internet and social media da

Your smartphone knows all about you. Before giving it away or recycling your smartphone, make sure that you take the proper precautions so that your smartphone doesn’t spill your secrets to the world. In a Fox Business article by Michael Estrin entitled, “Don’t be Stupid With an Unwanted Smartphone,” OlenderFeldman LLP provides insight on the importance of wiping all data before selling or donating an old phone. Some excerpts follow, and be sure to read the entire thing: If a

The Jumpstart Our Business Startups Act or JOBS Act, intended to encourage funding of United States small businesses by easing various securities regulations, was signed into law by President Obama on April 5, 2012. By Louis A. Zambrio On April 5, 2012, the Jumpstart Our Business Startups Act (“JOBS Act”) was signed into law. The fundamental change that it will have on companies is their ability to raise capital through a private placement under Rule 506 of Regulation D of t