Rafael Reyneri

Rafael Reyneri is an associate in the firm’s Washington, DC, office. He is a member of the Communications and Media and Data Privacy and Cybersecurity practice groups. Before joining the firm, he clerked for Judge Andre Davis on the U.S. Court of Appeals for the Fourth Circuit and Judge Margo Brodie on the U.S. District Court for the Eastern District of New York. Prior to law school, he was a Legislative Assistant for Congressman Jared Polis.

Firm/Organization: Covington & Burling LLP

Blogs: Cov Africa, Global Policy Watch, Inside Privacy, Inside Tech Media

Latest Articles

Inside Privacy

California Supreme Court Case to Address Scope of TCPA Insurance Coverage

By Rafael Reyneri

April 2, 2019

The California Supreme Court has agreed to take up the question of whether a commercial general liability policy that covers “personal injury”—which, in relevant part, is defined as injury that arises out of a violation of an individual’s “right of privacy”—triggers the insurer’s duty to defend the insured against a claim that the insured violated the Telephone Consumer Protection Act (“TCPA”). The U.S. Court of Appeals for the Ninth Circuit certified this question to the…

Inside Privacy

Supreme Court to Hear Case Regarding Deference to Federal Agencies on Statutory Interpretation

By Rafael Reyneri

November 14, 2018

Yesterday, the Supreme Court granted certiorari in Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, No. 17-1705. The case began when Carlton & Harris sued PDR Network for alleged violations of the commercial fax provisions of the Telephone Consumer Protection Act (“TCPA”). The Fourth Circuit ruled in Carlton & Harris’s favor, relying on an interpretation of the TCPA issued by the Federal Communications Commission (“FCC”). The Supreme Court granted PDR Network’s petition to review that…

Inside Tech Media

Supreme Court to Hear Case Regarding Deference to Federal Agencies on Statutory Interpretation

By Rafael Reyneri

November 14, 2018

Inside Privacy

FCC Seeks Comment on Ninth Circuit’s Expansive TCPA Interpretation in Marks

By Rafael Reyneri

October 4, 2018

Yesterday, the FCC released a Public Notice seeking comment on a recent decision issued by the U.S. Court of Appeals for the Ninth Circuit in Marks v. Crunch San Diego, LLC, No. 14-56834 (Sept. 20, 2018). The Public Notice, issued in the context of the FCC’s Telephone Consumer Protection Act (TCPA) reform proceeding, seeks comment on how the FCC should interpret the phrase “automatic telephone dialing system” (ATDS) as that term is used in…

Inside Privacy

NTIA Requests Comments Regarding Federal Approach to Consumer Privacy

By Rafael Reyneri

October 3, 2018

Last week, the National Telecommunications and Information Administration (NTIA) published a request for comments on how it should approach consumer privacy policy. NTIA noted that federal action is needed because a growing number of countries and U.S. states have adopted distinct policy approaches with respect to consumer privacy, which risks a fragmented regulatory regime that will harm innovation.…

Inside Privacy

U.S. Wireless Industry Establishes IoT Security Certification Program

By Rafael Reyneri

August 31, 2018

CTIA, the U.S. wireless industry’s trade association, recently announced the creation of a cybersecurity certification program for Internet of Things (IoT) devices that connect to the internet via LTE or Wi-Fi. The program permits device makers to submit such IoT devices for testing by CTIA-authorized labs in order to obtain a certification of compliance with respect to cybersecurity.…

Inside Tech Media

IoT Update: U.S. Wireless Industry Establishes IoT Security Certification Program

By Rafael Reyneri

August 31, 2018

Global Policy Watch

Eleventh Circuit LabMD Decision Potentially Limits FTC’s Remedial Powers

By Rafael Reyneri

June 11, 2018

The Eleventh Circuit has issued its decision in LabMD v. FTC, a closely watched case in which LabMD challenged the Federal Trade Commission’s authority to regulate the data security practices of private companies. The Court of Appeals declined to decide that issue, instead finding that the FTC’s order requiring LabMD to implement certain data security reforms was unenforceable because it lacked specificity. The court’s decision may nevertheless impact many of the FTC’s consent orders—even…

Inside Privacy

Eleventh Circuit LabMD Decision Potentially Limits FTC’s Remedial Powers

By Rafael Reyneri

June 11, 2018

Inside Tech Media

IoT Update: NTIA Requests Comments Regarding International Internet Policy

By Rafael Reyneri

June 7, 2018

Earlier this week, the National Telecommunications and Information Administration (NTIA), the executive branch agency responsible for telecommunications and information policy, released a Notice of Inquiry requesting that any interested party—including the private sector, technical experts, academics, and civil society—help the agency determine its international internet policy priorities. In particular, NTIA is seeking comments and recommendations regarding four topics: (1) the free flow of information and jurisdiction, (2) the multistakeholder approach to Internet governance, (3) privacy and security, and…

Rafael Reyneri

California Supreme Court Case to Address Scope of TCPA Insurance Coverage

Supreme Court to Hear Case Regarding Deference to Federal Agencies on Statutory Interpretation

Supreme Court to Hear Case Regarding Deference to Federal Agencies on Statutory Interpretation

FCC Seeks Comment on Ninth Circuit’s Expansive TCPA Interpretation in Marks

NTIA Requests Comments Regarding Federal Approach to Consumer Privacy

U.S. Wireless Industry Establishes IoT Security Certification Program

IoT Update: U.S. Wireless Industry Establishes IoT Security Certification Program

Eleventh Circuit LabMD Decision Potentially Limits FTC’s Remedial Powers

Eleventh Circuit LabMD Decision Potentially Limits FTC’s Remedial Powers

IoT Update: NTIA Requests Comments Regarding International Internet Policy

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