Federal Communications Law

The 2021 Edition contains analysis and discussion reflecting the most recent developments in privacy and cybersecurity law, including:

The groundbreaking California Consumer Privacy Act of 2018 (see Chapter 15).

Key information about the new data protection law in Brazil (see §19.04).

Updates to various global privacy laws, including new information about breach notification and data localization requirements (see Chapter 19).

Facebook's $5 billion settlement with the Federal Trade Commission (FTC), the largest ever in connection with a consumer privacy action, to settle an investigation involving Cambridge Analytica (see §16.01[F]).

Recent FTC enforcement actions for alleged privacy and information security violations, including Cambridge Analytica and YouTube (see §16.01[F]).

Washington State's new law establishing safeguards for the use of facial recognition technology by state and local government agencies (see §9.10[A]).

Updates from the U.S. Department of Health and Human Services (HHS) regarding the applicability of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to the COVID-19 pandemic response (see §4.02[A][1][d]).

Information on biometric privacy laws in Illinois, Texas, and Washington State (§13.08[G]), and recent case law in the wake of litigation brought under Illinois’s Biometric Information Privacy Act (BIPA) (see §9.10).

The New York Stop Hacks and Improve Electronic Data Security (SHIELD) Act, imposing a reasonable security requirement on businesses that own or license computerized data that includes the private information of New York residents (see §13.08[A]).

Recent FTC enforcement actions for violations of the Privacy Rule and Safeguards Rule under the Gramm-Leach-Bliley Act (see §3.02[F][1]).

Recent HHS and state regulator enforcement actions addressing the privacy and security of protected health information, including first-of-its-kind multistate litigation involving a HIPAA-related data breach (see §4.02[E][1][c]).

Recent FTC enforcement actions under the Children's Online Privacy Protection Act of 1998 (COPPA), including the first case involving a general audience platform provider alleged to have violated COPPA in connection with acts of providers uploading content to the platform (see §5.02[B][2][f]).

Recent court cases clarifying the scope of the Driver's Privacy Protection Act (see §§7.06[B]-[E]).

Updates on the Clarifying Lawful Overseas Use of Data (CLOUD) Act (see §12.02[C][3][c]).

Case law on the scope of warrant requirements for certain digital information in the wake of Carpenter v. United States (see §12.02[C][3]).

New developments regarding the Telephone Consumer Protection Act (TCPA), including a summary of cases and orders interpreting the definition of an “autodialer” and the Telephone Abuse Criminal Enforcement and Deterrence (TRACED) Act's amendments broadening FCC authority and imposing new requirements related to robocalls (see §9.04[A]).

Recent federal and state enforcement actions arising from information security breaches (see §14.05[C]).

In addition, the 2021 Edition provides updates regarding Security Breach Notification Laws (Appendix A) and Records Disposal Laws (Appendix C), as well as additions to the FTC Selected Section 5 Enforcement Actions chart (Appendix G). Appendixes A to N can be accessed at http://www.wolterskluwerlr.com/cyberAppendices.

("In 2018, Congress passed a law directing the creation of this site and ending the legal requirement prohibiting CRS from providing its products to the public.")