FTC Staff Report on ISP Privacy Practices Paves the Way for an FTC Privacy Rulemaking in the New Year

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Following up on a mandatory 2019 request for information issued by the Federal Trade Commission (FTC) to the largest Internet Service Providers (ISPs) in the United States, the FTC staff in late October issued a Report titled – A Look at What ISPs Know About You: Examining the Privacy Practices of Six Major Internet Service Providers. Among the agency staff’s general findings on ISP data collection and use practices, the most striking perhaps is the apparent degree of integration among ISPs and advertisers with respect to their data collection and use practices. The report also highlights the tools ISPs offer to customers to either manage or control many types of ISP data collection and use.

The information presented in the Report is aggregated and de-identified and has been supplemented with information gathered from follow-up FTC staff questions and meetings with the ISPs that were the subjects of the FTC information request. The Report’s summary of information on real-world ISP data practices could prove useful as Congress wrestles with the potential for federal privacy legislation and states review the need for legislation.

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NIST Releases New “Cybersecurity Framework Profile for Ransomware Risk Management” to Battle Growing Threat of Ransomware Attacks

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Ransomware incidents continue to be on the rise, wreaking havoc for organizations globally. Ransomware attacks target an organization’s data or infrastructure, and, in exchange for releasing the captured data or infrastructure, the attacker demands a ransom. This creates a dilemma for organizations — the decision to pay the ransom, relying on the attacker to release the data as they say, or to reject the ransom demand and try to restore the data or operations on their own.

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Faegre Drinker on Law and Technology Podcast: Cybersquatting and How To Protect Your Internet Domain

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Cybersquatting, also known as “domain spoofing” or “typo squatting,” occurs when someone registers a trademark that they do not own in an internet domain name — usually in an effort to impersonate and fraudulently profit off of commercial or other brands. In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss sits down with Faegre Drinker’s Libby Baney and Garth Bruen, a distinguished cybercrime researcher whose work has been published in the New York Times and Wall Street Journal, to discuss cybersquatting and the systems (like WHOIS and ICANN) that track internet registrations.

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US Broadband in 2021; Policies Promoting Infrastructure, Competition, National Security and Universal Access

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During his presidential campaign, President Biden committed “to build back better in rural America” by “expand[ing] broadband, or wireless broadband via 5G, to every American.” Last month, President Biden renewed his focus on “universal broadband” through the announcement of a bipartisan agreement for a large infrastructure bill that highlights broadband connectivity. Between setting the goal and realizing congressional appropriations to implement his “Build Back Better” initiative, federal (and in some situations, state) regulators have also confronted several important broadband infrastructure issues this year as they balance an understandable desire for competition and choice among broadband networks and service offerings against the practical challenges and economic realities of broadband deployment. What progress has the Biden Administration made so far?

Broadband is more important now than ever. According to a 2021 report by Parks Associates, 41% of US broadband households have been working or attending schools remotely, with the COVID-19 pandemic having driven approximately 7.2% of those households to upgrade their broadband network last year. Terabytes of data are communicated and shared every second through broadband Internet platforms – the most ubiquitous means of communication and connection.

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Faegre Drinker on Law and Technology Podcast: How To Use Data Analytics in Your Investigation

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When responding to a high-pressure cyber incident, a strong data analytics team is invaluable — and can almost allow attorneys to see into the future. In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss sits down with Jay Brudz, partner at Faegre Drinker and Tritura managing executive director, and Kenny Darrell, Tritura senior data scientist, to discuss the use of data analytics in investigations.

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