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The FTC Final Privacy Report: What It Means for Business


Product Code - lgn19
Speaker(s): Julie Brill, Federal Trade Commission; Jim Halpert, DLA Piper; D. Reed Freeman, Morrison & Foerster, LLP
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FTC Commissioner Julie Brill, Jim Halpert of DLA Piper, and Reed Freeman of Morrison & Foerster will address the report's best practices for business and recommendations that Congress consider enacting general privacy legislation, data security and breach notification legislation, and data broker legislation. This includes the Commission's calls for "privacy by design," simplified choice for businesses and consumers, and greater transparency of privacy practices. The panel will also address the five main action items the Commission identified in the report:

• Do-Not-Track: The report indicates that the Commission will work with stakeholders to complete implementation of an easy-to-use, persistent, and effective Do-Not-Track system;

• Mobile Privacy Protections: The Commission states that the Commission will work on improving mobile privacy protections, including disclosures in the mobile environment, which it will address in a May 30 workshop;

• Data Brokers: The Commission's report calls on data brokers to make their operations more transparent by creating a centralized website to identify themselves, disclose how they collect and use consumer data, and detail the choices that they provide consumers about their own information;

• Large Platform Providers: The report cites heightened privacy concerns about the extent to which platforms, such as Internet Service Providers, operating systems, browsers and social media companies, seek to comprehensively track consumers' online activities, and notes that the FTC will host a public workshop in the second half of 2012 to explore issues related to comprehensive tracking; and

• Promoting Enforceable Self-Regulatory Codes: Following on the Obama Administration's recent release of its Privacy Bill of Rights, the FTC's report states that the Commission will work with the Department of Commerce and stakeholders to develop industry-specific codes of conduct. To the extent that strong privacy codes are developed, when companies adhere to these codes, the FTC's Report indicates that the FTC will take that into account in its law enforcement efforts.

Educational Objectives:

• Understand the FTC’s current policy positions on privacy.
• Learn about the FTC’s position on “Do Not Track.”
• Find out about the FTC’s position on legislation.
• Understand what the FTC’s report means for businesses.
• Get answers to your questions on the report.

Who would benefit most from attending the program?

Privacy practitioners; compliance counsel; policy specialists

Program Level: Intermediate

Julie Brill, Federal Trade Commission; Jim Halpert, DLA Piper; D. Reed Freeman, Morrison & Foerster, LLP

Julie Brill, Federal Trade Commission
Julie Brill was sworn in as a Commissioner of the Federal Trade Commission April 6, 2010. Since joining the Commission, Ms. Brill has worked actively on issues most affecting today’s consumers, including protecting consumers’ privacy, encouraging appropriate advertising substantiation, guarding consumers from financial fraud, and maintaining competition in industries involving high tech and health care.

Before she became a Commissioner, Ms. Brill was the Senior Deputy Attorney General and Chief of Consumer Protection and Antitrust for the North Carolina Department of Justice, a position she held from February 2009 to April 2010. Commissioner Brill has also been a Lecturer-in-Law at Columbia University’s School of Law. Prior to her move to the North Carolina Department of Justice, Commissioner Brill was an Assistant Attorney General for Consumer Protection and Antitrust for the State of Vermont for over 20 years, from 1988 to 2009.

Commissioner Brill has received several national awards for her work protecting consumers. She has testified before Congress, published numerous articles, and served on many national expert panels focused on consumer protection issues such as pharmaceuticals, privacy, credit reporting, data security breaches, and tobacco. Commissioner Brill has also served as a Vice-Chair of the Consumer Protection Committee of the Antitrust Section of the American Bar Association.

Prior to her career in law enforcement, Commissioner Brill was an associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York from 1987 to 1988. She clerked for Vermont Federal District Court Judge Franklin S. Billings, Jr. from 1985 to 1986. Commissioner Brill graduated, magna cum laude, from Princeton University, and from New York University School of Law, where she had a Root-Tilden Scholarship for her commitment to public service.

Jim Halpert, DLA Piper
Jim Halpert is a partner in the Communications, E-Commerce and Privacy practice of DLA Piper. He counsels technology and content companies on a broad range of legal issues concerning new technologies, including intellectual property protection, content regulation and First Amendment law, privacy, cyber-security, government surveillance, Internet gambling, Internet jurisdiction, telecommunications regulation, on-line contract formation, and marketing. His counseling practice includes advising a wide range of companies regarding privacy and computer security issues, and advising copyright owners, ISPs, and equipment manufacturers regarding IP infringement and copy protection technology strategies.

The respected English research firm Chambers & Partners cites Mr. Halpert in both Chambers Global: The World's Leading Lawyers for Business and Chambers USA: America's Leading Lawyers for Business as a leader in Privacy & Data Security, and in the latter publication states that he is lauded by clients as the "anchor of the practice" and "outstanding - his knowledge of the legal and political landscape is second to none." Mr. Halpert earned a J.D., cum laude, from Harvard Law School, a D.E.A., École de Hautes Etudes en Sciences Sociales from École Normale Supérieure, and a B.A., magna cum laude, from Yale University.

D. Reed Freeman, Morrison & Foerster, LLP
Reed Freeman focuses his practice on all aspects of consumer protection law, including online and offline privacy issues, data security and breach notification, online and offline advertising, and direct marketing. He advises a wide variety of clients on deploying, or hiring vendors to deploy, behavioral advertising, retargeting, personalized content, the use of web analytics, and other uses of online tracking technologies. He also counsels clients on the use of location based data. In addition, he advises clients on FTC and state trade regulation issues, including the Children’s Online Privacy Protection Act (COPPA), CAN-SPAM Act, Telemarketing Sales Rule (TSR), Endorsement and other FTC Guides and state law, including California’s Song-Beverly Act and Shine the Light Acts.

Mr. Freeman is ranked by Chambers Global and Chambers USA as one of the country’s leading practitioners in the privacy & data security area (2008-2011). He is co-author of CCH’s Advertising Law Guide and CCH’s Privacy Law for Marketers. He also served as a staff attorney in the FTC's Bureau of Consumer Protection, and a former adjunct professor of Advertising Law at George Mason University School of Law. Mr. Freeman earned his J.D. in 1993 from the University of Virginia School of Law in 1993.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.


Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

 

• Bloomberg BNA Subscriber - OnDemand format $199

• Non-Subscriber - OnDemand format $249

• CD recording of program $199 (Subscriber and Non-Subscriber)

 

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