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Google and Privacy

On Wednesday, the FTC closed its investigation of Google for its collection of data from unsecured wireless networks that may have violated privacy rules.  Google’s changes to its procedures and policies address the FTC’s concerns according to a letter from the FTC to Google:  http://www.ftc.gov/os/closings/101027googleletter.pdf 

Fake Consumer Reviews

On the consumer protection front, the FTC settled charges that a public relations agency engaged in deceptive advertising “by having employees pose as ordinary consumers posting game reviews at the online iTunes store, and not disclosing that the reviews came from paid employees working on behalf of the developers. This activity was in violation of the FTC's Revised Endorsement Guidelines which require disclosure. The PR firm, Reverb Communications, is required to take down the fraudulent postings and bars them from making similar postings in the future without appropriate disclosures.

Press release: http://www.ftc.gov/opa/2010/08/reverb.shtm

Links to Complaint and Consent Order: http://www.ftc.gov/os/caselist/0923199/index.shtm

Information on the FTC's Revised Endorsement Guidelines (16 CFR Part 255): http://ftc.gov/multimedia/video/business/endorsement-guides.shtm

Google and Privacy

A video cartoon featuring Google's chief giving away ice-cream to snoop on children aired on a giant screen in Times Square today as a privacy group continued to hound the internet giant.

Consumer Watchdog took its gripes with Google to the centre of Manhattan, where it paid to have a "Don't be evil?" animated clip shown on a "Jumbotron" screen above the masses coursing through Times Square.

Full story


Changes to Laws In Australia involving licensing software to consumers

Have a look at the Mallesons blog.

Who does this affect?

The new laws raise issues for all software licences with Australian end-customers where either:

  • the software is "of a kind ordinarily acquired for personal, domestic or household use or consumption"; or
  • the amount paid or payable for the software is $A40,000 or less.

Those end-customers are taken to be "consumers" by the ACL, even if they are multinational corporations or government entities well-equipped to negotiate to protect their interests.

Software Licensing

Is the software installed on your computer something you own -- or did you simply buy a "license" to use it? That's the issue at the heart of Vernor v. Autodesk Inc., a case argued Monday before the 9th U.S. Circuit Court of Appeals that represents a broad challenge to the software industry's fundamental business model.

How should damages be assessed for privacy and cybersecurity breaches

Listen to this podcast where I discuss how damages should be assessed in privacy and cybersecurity lawsuits. The Lawyers Weekly Show host J...