Investigation and prosecution of corporations is nothing new for the U.S. Department of Justice. In fact, in her September 2015 memorandum on the subject, former Deputy Attorney General Sally Yates noted that “[f]ighting corporate fraud and other misconduct is a top priority of the Department of Justice.” (https://www.justice.gov/dag/file/769036/download). This renewed focus by the Department on corporate wrongdoing means that companies in all sectors of the economy need to be increasingly vigilant in maintaining and improving their internal compliance programs.

The latest development in the feud between Google and Mississippi’s Attorney General, Jim Hood—a history that can only be described as soap-operatic—is a newly filed lawsuit by Hood against the tech giant. The tumultuous relationship began in 2014 when Hood’s office issued a lengthy subpoena to Google requesting documents and other information related to any “dangerous content” hosted on Google’s networks, under the guise of battling online illicit drug sales. However, shortly after the subpoena was served, the Sony hack occurred, which divulged vast amount of Sony data and emails to the public. Found in the hacked emails were communications that indicated that the Motion Picture Association of America was both instigating and bankrolling Hood’s subpoena in an attempt to crack down on piracy. 

Ice Miller partner Michael Coleman gave the keynote address at the 32nd Annual Dr. Martin Luther King, Jr. Birthday Breakfast in Columbus, Ohio on Monday, Jan. 16, 2017. The event was hosted by the Martin Luther King Breakfast Committee, Inc. Attended by thousands of diverse supporters, the Breakfast is currently the largest event of its kind in the United States honoring Dr. Martin Luther King, Jr.

The Online Trust Alliance (OTA), an informal industry working group with the mission to enhance online trust and user empowerment while promoting innovation and the vitality of the Internet, released version 2.0 of its Internet of Things (IoT) Trust Framework at the 2017 Consumer Electronics Show.  The OTA describes the IoT Trust Framework v2.0 as providing a baseline set of requirements and recommendations which address the privacy, security, and sustainability of IoT devices (e.g., connected home, wearable technologies, etc.) The impetus behind the Framework is to provide a path for the private sector to demonstrate its commitment to security and privacy in IoT devices by adhering to the voluntary principles of the Framework.

As shared in this post, the Department of Commerce’s National Telecommunications and Information Administration ("NTIA") released a green paper, Fostering the Advancement of the Internet of Things, on January 12, 2017. In the paper, the Department outlines its plans to work on Internet of Things (“IoT”) matters across four broad areas of engagement: enabling the nation’s infrastructure availability and access is one of such areas.

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) on January 12, 2017 issued a green paper Fostering the Advancement of the Internet of Things to identify elements of an approach and areas of engagement for the Department to pursue as it seeks broad input in its future work on the Internet of Things (“IoT”). The paper asserts that the federal government needs to develop a long term strategy, a collaborative approach with the private sector and a global perspective to permit IoT technology to reach its full potential to create new industries and new consumer goods. It rejects the idea that standards for privacy and security can be left to market forces.

The Federal Trade Commission (FTC) announced a settlement with the operators of AshleyMadison.com, resolving FTC and state charges of consumer deception and failure to safeguard 36 million users' account and profile information stemming from a data breach in July of 2015.  In the complaint, the FTC alleged that defendants engaged in practices that, when taken together, "failed to provide reasonable security to prevent unauthorized access to personal information on their network."

The FTC recently filed a complaint against D-Link Corporation (a Taiwan-based computer networking equipment manufacturer) and its U.S. subsidiary, alleging that they failed to take reasonable steps to secure their routers and Internet Protocol cameras and, therefore, potentially compromised sensitive consumer information, including live video and audio feeds.  The FTC has further been quick to characterize this case on its own blog as continuing the agency’s regulation of the Internet of Things (“IoT”) and challenging what it considers to be inadequate IoT security practices.

The Federal Trade Commission (“FTC”) held its second annual PrivacyCon on January 12, 2017 to address the privacy and security implications of emerging technologies.  As the Internet of Things (“IoT”) continues its rapid growth across all fields of business, it comes as no surprise that this year’s PrivacyCon began with a sharp focus on IoT issues.

The House Energy and Commerce Committee’s Internet of Things (“IoT”) working group issued its year-end White Paper on December 30, 2016, summarizing the group’s activities this past year. The group met five times last year, bringing together members of Congress and other experts in the field.