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FTC Compliance and Defense

Federal Trade Commission building in Washington, DC

FTC Testifies about Data Security and Small Business

According to the Federal Trade Commission (FTC), earlier today (March 8, 2017), Acting FTC Chairman Maureen K. Ohlhausen spoke about the FTC’s continuing efforts in protecting consumers and educating small businesses on ways to keep consumer data secure. “Failing to take reasonable precautions to secure data from identity thieves and other malicious actors hurts consumers and legitimate businesses alike,” Acting Chairman Ohlhausen said in her written testimony. “Data breaches can harm a business’s financial interests and reputation as well as result in the loss of consumer confidence in the businesses to whom they entrust their data. In the case of small businesses, a data breach can be devastating.” Internet attorney Corey Silverstein has been stressing the importance of data security for years and Silverstein Legal spends a substantial portion of its daily resources on assisting website operators with their data security practices. Website attorney Corey Silverstein continues to insist that online business operators need to treat data security and privacy law as a priority. “Our team of internet lawyers are always ready to educate our clients and prospective clients on the dangers of ignoring data security, privacy and applicable internet law.” Website lawyer, Corey Silverstein says. Silverstein Legal always invites…

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Michigan State University College of Law Logo

Internet Lawyer, Corey Silverstein Accepts Invitation to Speak at Michigan State College of Law

Silverstein Legal is proud to announce that website lawyer, Corey Silverstein has accepted an invitation to speak at Michigan State College of Law, Journal of Business and Securities Law, Vol. 17 Spring Symposium. Internet attorney, Corey Silverstein is scheduled to speak on Friday, April 7, 2017 at 10:45a.m. at the Michigan State University Law College Building, Castle Board Room, 3rd Floor. Mr. Silverstein’s panel is entitled Regulation: The Legal Perspective on Evolving Federal and State Law and the following are the planned general discussion points: Setting the stage for the afternoon discussion on delivery of legal services and issues from the perspective of in-house professionals: Wyndham Hotels Case implications: What are the projections following the Third Circuit’s holding that the FTC can use the prohibition on unfair practices under section 5 of the FTC Act to regulate cybersecurity? Is the FTC limited in its authority to regulate cybersecurity controls? What constitutes fair notice that a company’s specific cybersecurity practices fall short of what the law requires? What is the status on federal law in the 6th Circuit regarding FTC authority to regulate cybersecurity? What other sources of law authorize the regulation of cybersecurity? Who else (state/federal agencies) has authority to…

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Person viewing terms of use on laptop

Website Attorney, Corey Silverstein Reminds You: Don’t Forget Website Terms of Use and Service

As a website attorney, one of the more frequent questions that I receive is whether Website Terms of Use and Website Terms of Service are different. In most cases the answer is no. To put it simply, a website’s Terms of Use or Terms of Service is the contract between the website operator and its user(s). The Terms of Use or Terms of Service should contain numerous legally binding provisions between a website operator and its user(s). It is also essential that a website’s Terms of Use or Terms of Service are properly implemented on a website so that the court find them enforceable. A website’s Terms of Use or Terms of Service will differ substantially from website to website, depending on the specific services or products that the relevant website is offering its users. There are far too many website operators who think that it is acceptable and sufficient to simply take someone else’s Terms of Use or Terms of Service and slap them on a website; history has taught us that the act of stealing someone else’s Terms of Use or Terms of Service is a recipe for disaster and can ultimately bind the website operator to unfavorable…

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Scales of justice made from ones and zeros

Website Lawyer, Corey Silverstein Reminds You to Have Your Online Business Reviewed for Legal Compliance

There are far too many online business operators that are not taking legal compliance seriously enough and subjecting themselves to potential liability. A commercial website is still a business regardless of the fact that its home is the world wide web, instead of a traditional brick and mortar facility. In its October 2014 Web Server Survey, NetCraft confirmed that there are over 1 billion websites on the world wide web today. If you think that governments and enforcement agencies across the world have not taken notice of this fact, then you are kidding yourself. In the United States, federal agencies such as the Federal Trade Commission (“FTC”) are prosecuting website operators at an increasing rate with more severe penalties. State attorneys are exercising subpoena power and commencing enforcement actions more than ever before and the United States has not been shy about seizing websites that are suspected of violating applicable law. Additionally, private civil lawsuits in both the federal and state courts involving online businesses and the internet are an everyday occurrence and at all-time highs. Almost all traditional (brick and mortar) successful business operators make legal compliance a top priority and usually won’t even open their doors for business…

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Privacy Shield Framework

Say Hello to the EU-US Privacy Shield Framework

In October 2015, the European Court of Justice invalidated the International Safe Harbor Privacy Principles which were established in 2000. The Safe Harbor Privacy Principles allowed certified U.S. companies to receive personal data of EU residents in compliance with EU cross-border transfer rules. While many rejoiced the invalidation, numerous legal experts predicted that the invalidated Safe Harbor Privacy Principles would quickly be replaced. The legal experts were right. The EU-US Privacy Shield is a framework for transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. After more than two years of negotiations, on July 12, 2016, the framework was adopted by the European Commission and went into effect the same day. View the full text of the EU-US Privacy Shield framework. The U.S. Department of Commerce Secretary, Penny Pritzker and EU Justice Commissioner Věra Jourová announced the deal together in Brussels. Jourová was quick to point out that the EU-US Privacy Shield is fundamentally different from the previous Safe Harbor arrangement because of the annual joint review, which allows the EU to address any issues as they arise. Jourová went on to say “it brings stronger data protection standards that are better enforced,…

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