Jared A. Bomberg

Latest Articles

On June 21, 2017, the Federal Trade Commission (FTC) updated one of its Children’s Online Privacy Protection Act (COPPA) compliance guides for businesses. Known as the “Six-Step Compliance Plan,” this document provides a step-by-step road map for determining if a company is covered by COPPA and what to do to comply. COPPA applies to operators of websites and online services that collect “personal information” from children under 13 years of age, where the site or…
On November 2, 2016 the Federal Communication Commission’s (FCC) released its long-awaited – and much debated – Report and Order adopting privacy rules for Internet Service Providers (ISPs).  In the Order, the FCC applied the Communications Act’s privacy requirements to broadband Internet access service (BIAS), which it called “the most significant communications technology of today.” Several of the FCC requirements are particularly notable for being more restrictive than the Federal Trade Commission’s (FTC) standards for…
Close followers of the cases FTC v. Wyndham Worldwide Corp. and In the Matter of LabMD know that the litigation has prompted increased Congressional oversight of the Federal Trade Commission’s (FTC) data security enforcement practices.  Prior to Wyndham and LabMD, Congressional debates on the FTC’s data security practices centered on whether the Commission should have additional tools to address these issues, including traditional rulemaking authority to create new data security rules, civil penalty authority to…
On November 2, 2016 the Federal Communication Commission’s (FCC) released its long-awaited – and much debated – Report and Order adopting privacy rules for Internet Service Providers (ISPs).  In the Order, the FCC applied the Communications Act’s privacy requirements to broadband Internet access service (BIAS), which it called “the most significant communications technology of today.” Several of the FCC requirements are particularly notable for being more restrictive than the Federal Trade Commission’s (FTC) standards for…
Close followers of the cases FTC v. Wyndham Worldwide Corp. and In the Matter of LabMD know that the litigation has prompted increased Congressional oversight of the Federal Trade Commission’s (FTC) data security enforcement practices.  Prior to Wyndham and LabMD, Congressional debates on the FTC’s data security practices centered on whether the Commission should have additional tools to address these issues, including traditional rulemaking authority to create new data security rules, civil penalty authority to…
On October 13, the Federal Trade Commission (FTC) held a workshop on drone privacy and cybersecurity as part of its Fall Technology Series.  Close watchers of the drone privacy debate would recognize the arguments presented at the FTC workshop as reminiscent of the comprehensive and productive debate over drone privacy played out before the National Telecommunications and Information Administration (NTIA) earlier this year.  The NTIA process concluded with the release of Best Practices for drone…
On August 29, 2016, the Federal Aviation Administration’s (“FAA”) long-awaited small unmanned aircraft systems (“UAS” or “drone”) rule went into effect, for the first time broadly authorizing commercial drone operations.  This is a positive step, as drones have great safety and efficiency benefits for the public.  Nevertheless, the American public remains concerned about drone privacy issues. The prevailing thinking among privacy watchers is that the FAA punted on the issue of drone privacy standards in…
On August 29, 2016, the Federal Aviation Administration’s (“FAA”) long-awaited small unmanned aircraft systems (“UAS” or “drone”) rule went into effect, for the first time broadly authorizing commercial drone operations.  This is a positive step, as drones have great safety and efficiency benefits for the public.  Nevertheless, the American public remains concerned about drone privacy issues.…
The U.S. Department of Education and Department of Justice (“Departments”) recently weighed in on the obligations of school districts, colleges, and universities to provide civil rights protections for transgender students. On May 13, 2016, the Departments issued a Dear Colleague Letter (“DCL”) that summarizes the responsibilities of school districts, colleges, and universities that receive federal financial assistance under the Departments’ interpretation of federal law, including Title IX of the Education Amendments of 1972 (“Title IX”)…
The U.S. Department of Education and Department of Justice (“Departments”) recently weighed in on the obligations of school districts, colleges, and universities to provide civil rights protections for transgender students. On May 13, 2016, the Departments issued a Dear Colleague Letter (“DCL”) that summarizes the responsibilities of school districts, colleges, and universities that receive federal financial assistance under the Departments’ interpretation of federal law, including Title IX of the Education Amendments of 1972 (“Title IX”)…