Stuart P. Ingis

Latest Articles

Brexit is likely to cause years of future uncertainty around data protection, including the legal mechanisms for data transfer to countries outside of the United Kingdom (“U.K.”). In the short term, there will be little to no impact on existing data transfer solutions implemented by companies that rely on the U.K. as an entry point into the European Union (“EU”). In the mid-term, with the scheduled implementation of the EU-U.S. Privacy Shield (“Privacy Shield”) in…
As of January 1, 2014, California law requires operators of websites and online services to publicly disclose how they respond to “do not track” (dnt) signals, though the exact requirements vary depending on whether an entity is a first party (e.g., web publisher) or third party (e.g., ad network). The new law will not require companies to honor dnt signals. Operators of websites and online services should be prepared to update their privacy policies. Background…
The Clock Is Ticking – Is COPPA Compliance a “Mission Impossible”? On July 1, 2013, sweeping new regulations for marketing to children take effect. In updating the Children’s Online Privacy Protection Act (COPPA) Rule, the Federal Trade Commission (FTC) has extended its reach to new businesses and new information. In this upcoming session presented by the Direct Marketing Association, panelists including Venable’s Stu Ingis and Julia Kernochan Tama will walk through the COPPA Rule changes,…
For now, online retailers can rest assured that they are not liable under California’s Song-Beverly Credit Card Act if they require customers to enter their addresses or phone numbers in order to complete downloadable online purchases.  On February 4, 2013, the California Supreme Court held in Apple Inc. v. Superior Court (Krescent) that the Credit Card Act’s prohibition against recording customers’ personal identification information as a condition of credit card purchases under those circumstances. This…
Just in time for Christmas, the Federal Trade Commission (“FTC”) has unveiled its long-anticipated update to the Children’s Online Privacy Protection Rule (“COPPA Rule”).  The COPPA Rule, which has been in place since 1999, imposes a variety of privacy requirements on “operators” of websites and online services that are “directed to children” under 13 or have actual knowledge that they are collecting “personal information” from children.  Among other requirements, such operators must provide…
The holiday season is upon us. For those families that celebrate Christmas, hopeful lists from boys and girls have likely already made their way to the North Pole. If you’re a proscratinator or just don’t remember anymore what a postage stamp looks like, Santa has gone online (he may be old but he’s still hip.) However, if Santa wants to stay off the naughty list he’d better keep a watchful eye on the FTC this…
Carrying out a plan announced earlier this year, the Federal Trade Commission (“FTC”) convened a day-long public workshop on “The Big Picture: Comprehensive Online Data Collection” on December 6, 2012.  The workshop was intended to examine the practices and privacy implications of “comprehensive” data collection about consumers’ online activities.  Data collection capabilities of entities like Internet service providers and operating systems were discussed, but many speakers also focused heavily on data collection for advertising purposes…
The Federal Trade Commission (“FTC”) has released a new set of proposed amendments in its ongoing review of its Children’s Online Privacy Protection Act (“COPPA”) regulations. These amendments would alter key definitions in the COPPA regulations, modifying the FTC’s original proposal from September 2011. If finalized, the FTC’s proposals to date will significantly change who and what COPPA covers and when COPPA applies. Comments are due by September 10, 2012. WHO is responsible for COPPA…
Yesterday, the FTC convened a day-long public workshop to discuss updating its “Dot Com Disclosures” guidance on presenting online advertising disclosures. The FTC is considering whether it should overhaul this guidance, which dates to 2000, to address current trends such as social media and mobile advertising. The workshop also included a panel devoted to mobile privacy disclosures. Newly confirmed Commissioner Maureen Ohlhausen kicked off the event by explaining that the FTC does not intend to…
Last week the FTC hosted “Paper, Plastic … or Mobile? An FTC Workshop on Mobile Payments,” to examine the use of mobile payments in the marketplace and how emerging technologies affect consumers. The workshop lasted throughout the day, consisting of presentations and panels with representatives from business, law, finance, and consumer advocacy organizations. At the outset, David Vladeck, Director of the Bureau of Consumer Protection at the FTC, stated that the purpose of the workshop…