Parents in California and New York have filed a class action lawsuit on behalf of themselves and their children alleging that the popular mobile app game Subway Surfers violates privacy protection laws by exporting their children’s personal information to advertising networks without obtaining required parental consent. [Read more…]
When parents download a “Designed for Families” gaming app for their children, they assume the game will not only be suitable for their children to play, but that their kids’ personal information will be kept secure. Indeed, federal law requires that child data be stringently protected in all online and internet-connected gaming. Disturbingly, however, new research highlighted in a Washington Post article “We Tested Apps For Children; Half Failed To Protect Their Data” reveals that at least one-half of children’s gaming apps violate the Children’s Online Privacy Protection Act (COPPA) by accessing and improperly sharing and monetizing child data in game apps. [Read more…]
The Federal Trade Commission (FTC) is once again warning toy makers that their products must adhere to children’s privacy rules. In the wake of widespread media reports highlighting privacy dangers in child toys, including the exposure of voice recordings in toy pets and child data leaked from mobile apps and games, there has been increased scrutiny from lawmakers regarding the invasion of children’s privacy. [Read more…]
A proposed settlement has been reached in a class action lawsuit over the 2015 cyberattack of health insurer Anthem, Inc., involving the theft of the personal information of 78.8 million people. The $115 million settlement, if approved by the Court, will be the largest data breach settlement in history. [Read more…]
Even as the Trump administration eliminated significant privacy protections enacted by the FCC under Obama to expose the browsing information of hundreds of millions of Americans, the broadband industry and its Washington insider allies have leapt in to trumpet what a great thing it is to let Comcast, Verizon, and AT&T, et al. monitor and sell info about our every step online. This includes the now-permissible passive tracking of adult activity across apps and devices that is still illegal when applied to kid’s data under special separate laws enacted to protect children. [Read more…]
Law360 has published an in-depth review of Lieff Cabraser’s Digital Privacy and Data Protection practice group, selected by the publication as a “Practice Group of the Year.” As the publication noted, “In the rapidly evolving legal realm of digital privacy, Lieff Cabraser is going up against big names like Google and Facebook in digital privacy class actions and representing plaintiffs in the fallout from headline-grabbing data breaches at companies like Anthem and Sony Pictures Entertainment.” [Read more…]
Law360 has announced the winners of its 2016 Practice Group of the Year awards, selecting Lieff Cabraser for Practice Group of the Year in the categories of Consumer Protection and Privacy. This prestigious recognition honors “law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.” The legal publication chose 157 groups among 34 different practice areas as winners of the award. [Read more…]
In an expert analysis article published by Law360 (subscription) entitled “Spokeo Still Standing: No Sign Of A Circuit Split,” Lieff Cabraser attorneys Nicholas Diamand and Andrew Kaufman review the U.S. Supreme Court’s May decision in Spokeo Inc. v. Robins, et al. The decision “reaffirmed that, under principles of federal jurisdiction, invasions of privacy give plaintiffs standing to assert their rights in federal court,” wrote Diamand and Kaufman. [Read more…]
Major toymakers have been accused of permitting third-party vendors, including marketing and advertising companies, to track the online activities of children on their websites. Viacom Inc.; Mattel Inc., Hasbro Inc.; and JumpStart Games Inc. have been charged with violating the Children’s Online Privacy Protection Act (COPPA). These toymakers will pay a combined fine of $835,000 for their wrongdoing. [Read more…]
In an expert analysis article published by Law360 (subscription) entitled “Spotlight on Spokeo: A Win for Consumers,” Lieff Cabraser attorneys Nicholas Diamand and Andrew Kaufman provide a detailed review of the U.S. Supreme Court’s recent decision with respect to Spokeo Inc. v. Robins, et al. The decision has been hailed as a win for the plaintiffs bar, reaffirming that individuals harmed by illegal conduct have the right to defend their privacy rights. [Read more…]
The U.S. District Court for the Northern District of California has granted final approval to a $13 million settlement against LinkedIn reached last fall. Plaintiffs said the popular businesses networking company was spamming users’ email with too many invitations regarding its services without proper consent, reported Bloomberg BNA.
Nearly three in five individuals residing in California became victims of a data breach in 2015, according to the California Data Breach Report published this month. The number of data breaches has increased over time, going from 131 incidents reported in 2012 (involving the records of 2.6 million Californians) to 178 breaches in 2015 with over 24 million records and individuals affected. [Read more…]
FBI San Bernardino terrorism investigation runs up against privacy rights
Following a deadly terrorist attack that killed 14 Americans in late 2015, a federal judge has ordered Apple to create software to override digital security functions on the iPhones of the alleged perpetrators, setting off a huge controversy around digital security, privacy rights, and the government’s reach in criminal investigations.
Tech blogger Troy Hunt has published a scathing piece on Hong Kong-based electronic toy maker VTech for what he calls “allowing itself to be hacked” in November 2015, resulting in the exposure of the personal information of more than 2.8 million children. Though bad now, the damage may well grow far worse as the hackers store this data against the children coming of age over the next few years, at which point their adult status will skyrocket the potential harm as accounts and other financial operations may be made in their names and with their full identity records.
Security issues and flaws relating to Internet-connected children’s toys are on the rise. Last year, more than 6 million children’s names, ages, and genders were disclosed when the leading manufacturer and distributor of digital learning toys, VTech, suffered a simple but devastating hack to its databases. A similar attack on allegedly insecure data stores affected Hello Kitty’s San Rio Town in late 2015 as well. [Read more…]
The Northern District Practice Program is presenting a Digital Privacy Panel Discussion on November 10, 2015 at the U.S. District Court Ceremonial Courtroom, 19th Floor, 450 Golden Gate Avenue, San Francisco. The Panel will discuss civil and criminal issues and will be moderated by Chris Hoofnagle, Faculty Director, Berkeley Center for Law & Technology, University of California, Berkeley, School of Law (Berkeley Law). [Read more…]