The U.S. Consumer Product Safety Commission (CPSC) recently announced that it will hold a hearing on May 16, 2018, to receive information on potential hazards with Internet of Things (IoT) products.

In its public notice, the CPSC explained that the “purpose of the public hearing . . . is to provide interested stakeholders a venue to discuss potential safety hazards created by a consumer product’s connection to IoT or other network-connected devices; the types of hazards (e.g., electrical, thermal, mechanical, chemical) related to the intended, unintended, or foreseeable misuse of consumer products because of an IoT connection; current standards development; industry best practices; and the proper role of the CPSC in addressing potential safety hazards with IoT-related products.” The notice also clarifies that the hearing “will not address personal data security or privacy implications of IoT devices.”

So why does this matter? 


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The decision last week by the U.S. Court of Appeals for the D.C. Circuit on petitions seeking review of the Federal Communications Commission’s 2015 Declaratory Ruling and Order implementing the Telephone Consumer Protection Act (TCPA) represents a partial victory for the industry.

In the decision, the D.C. Circuit reversed the FCC’s guidance on the definition

Earlier today, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo v. Robins in data breach class actions.

In January, we blogged about CareFirst.  We noted that the core issue in the case – whether fear of identity theft flowing from a data breach is an “injury in fact” sufficient to trigger Article III standing – could have major impact on the viability of future data breach class actions. The district court’s finding in favor of CareFirst on the standing issue was reversed and remanded last August by the U.S. Court of Appeals for the D.C. Circuit, which held that plaintiffs had alleged a risk of future injury because it was at least “plausible” that the cybercriminals had the intent and ability to use the stolen data for wrongful purposes. CareFirst then filed a petition for certiorari to the United States Supreme Court, which today denied the petition leaving in place the D.C. Circuit’s ruling in favor of Plaintiffs.
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The GDPR’s impact on the ability of U.S. litigants to conduct discovery of EU personal data is an issue that has received scant legal analysis. In a recent article for The Legal Intelligencer, Philip N. Yannella discusses the challenges, and potential costs, awaiting U.S. litigants as they attempt to conduct EU discovery under the

The lawsuit by Austrian lawyer and serial plaintiff, Max Schrems, against Facebook suffered a setback in a ruling by the Court of Justice of the European Union (CJEU) last week. Schrems sought to bring class action-type claims on behalf of 25,000 participants worldwide in his home country of Austria, alleging that Facebook violated European Union privacy law when it assisted the United States National Security Agency’s PRISM surveillance program. Specifically, Schrems alleged that there is no adequate level of protection of European citizens’ Facebook data when it is transferred to the United States, because it could be accessed by US authorities without individualized suspicion. According to Schrems, Facebook’s collaboration with US authorities violated the Austrian data protection law of 2000, the Irish Data Protection Act of 1998, and Directive 95/46/EC of the European Parliament.
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The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit’s most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify the confusion that has ensued since the Supreme Court’s 2016 decision in Spokeo (Spokeo I

For those of you heading to Legaltech in New York next week, please join me and a great panel for what promises to be a lively discussion of hot topics in IoT and Mobile Discovery.  I’ve been fortunate enough to have been included in Relativity’s session on this topic at a number of conferences, and

Consumers are not the only ones suing retailers for payment card data breaches. The U.S. District Court for the Western District of Washington recently denied, in large part, a motion to dismiss a data breach class action brought by Veridian Credit Union, on behalf of itself and other financial institutions, against Eddie Bauer, LLC. The class action relates to a January 2016 payment card data breach that allegedly impacted “every Eddie Bauer store in the United States and Canada.”

The court dismissed Veridian’s negligence per se claim, but allowed Veridian’s negligence and state statutory claims to proceed. The court’s analysis of choice of law and negligence issues is worth a read.
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