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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N.Y. Attorney General Enforces Mobile App Security Initiative, Announces Settlements with Five Companies

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In December 2018, the New York Attorney General’s Office announced settlements with five companies operating mobile apps, including Equifax and Western Union. The N.Y. Attorney General stated that the companies failed to keep sensitive information secure on their mobile apps and have agreed to implement improved security controls. The settlements came following a data privacy initiative by the Attorney General’s Office to proactively identify security vulnerabilities before consumer information is breached. As part of this effort, the Attorney General’s Office tested dozens of mobile apps that collect sensitive information.

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