Privacy Law Blog : Privacy Lawyers & Attorneys : Proskauer Rose Law Firm : CAN-SPAM, FCRA, FACTA

The Federal Trade Commission has announced a settlement agreement with ScanScout, Inc., an online advertising network alleged to have made misleading statements in its privacy policy which omitted to disclose ScanScout’s use of Flash cookies. The settlement terms require ScanScout to implement various conspicuous (i.e., not hidden in the privacy policy) notices regarding behavioral tracking and opt-out mechanisms that are reflective of recent FTC guidance and developing industry standards. Companies engaging in behavioral tracking (using Flash cookies or otherwise) may look to the terms of this settlement agreement for color on what the FTC wants to see in terms of consumer notices and choices.

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A preliminary injunction recently obtained by the State of Missouri against Sirius XM Radio, Inc. provides a reminder that some states have "Do Not Call" lists that are separate from the National Do Not Call Registry maintained by the Federal Trade Commission and the Federal Communications Commission.

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Updating previous reports, a consortium of internet advertising trade groups recently launched a self-regulatory program which adopts a universal icon to inform consumers when advertisements are targeted as a result of data tracking:

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Four recent lawsuits filed against some of the Web's biggest media companies challenge the alleged use of Flash cookies capable of circumventing a user's ability to prevent the tracking of online behavior.

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The Federal Trade Commission scored a victory over spyware with a recent settlement with a company that will prohibit it from marketing its keylogging software as a “100 percent undetectable” way to “Spy on Anyone, From Anywhere.”

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A new advertising icon was released last week by a privacy advocacy group in conjunction with a group of advertisers and agencies as part of an effort to educate consumers about behavioral advertising and head off federal regulation.

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The blogosphere has been abuzz lately about Facebook’s new privacy settings, but lost amid all the noise is Facebook’s implementation of a new user-friendly privacy policy.

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