Regulatory Rumblings

Recent Court Cases have Major Implications for Advertisers – Part 1

Posted: Oct 30, 2015 9:15am ET

The First Amendment is the ultimate safety net for the marketing community. Since 1976, advertising has been afforded strong constitutional protection in a series of decisions handed down by the U.S. Supreme Court.


A New Bombshell From ICANN: All Rights Protection Mechanisms (“RPMs”) For All gTLDs Under Review

Posted: Oct 12, 2015 10:30am ET

As the Dublin meeting of ICANN approaches, the two major topics of discussion were to be Accountability (reforming ICANN accountability mechanisms) and IANA Transition (how the technical functions of ICANN are to be handled post-US government supervision).


ANA Statement on the Invalidation of the EU-US Safe Harbor Agreement

Posted: Oct 7, 2015 11:00am ET

Yesterday’s landmark European Court of Justice (CJEU) ruling declaring the EU-US Safe Harbor agreement immediately invalid has raised many potentially serious barriers to international information transfer that, if not resolved quickly, could hobble businesses, including the advertising sector, which operate in both the United States and in Europe.


EU-U.S. Safe Harbor Pact Under Fire

Posted: Oct 2, 2015 12:00pm ET

The trans-Atlantic “Safe Harbor” trade agreement which allows companies to share online customer data between Europe and the United States has come under fire in the past few weeks.


Hillary Clinton’s Proposals on Prescription Drug Advertising are Wrong and Misguided

Posted: Sep 22, 2015 3:30pm ET

Presidential candidate Hillary Clinton today proposed a comprehensive approach to address the cost of prescription drug products. While we take no position on the areas of the plan that do not impact advertising, her calls for new restrictions on direct-to-consumer (DTC) prescription drug advertising and limits on the tax deductibility of this advertising are misguided and unconstitutional.


Success in Springfield

Posted: Sep 16, 2015 10:00am ET

It appears that advertisers have dodged a bullet. A very dangerous Illinois data breach bill has been left to die for now by the state legislature.


ICANN 54 – Onward to Dublin

Posted: Sep 11, 2015 9:45am ET

As was reported here earlier in June, two workstreams were moving to complete the transition proposal for the IANA (technical) functions of ICANN, the ICG (“IANA Stewardship Transition Coordination Group) and the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability).


Onerous Illinois Data Breach Bill Vetoed By Governor

Posted: Aug 25, 2015 9:00am ET

On Friday, Illinois Governor Bruce Rauner placed an amendatory veto on SB 1833, a data breach bill which was passed by the Illinois legislature at the end of May.


Explosion of Connected Devices Presents New Challenges

Posted: Aug 13, 2015 2:30pm ET

It is virtually impossible to miss the ever increasing number of devices that are connected to the internet in day-to-day life. These devices, dubbed the “Internet of Things (IoT),” range from wearable fit-bands to smart thermostats to a large portion of vehicles on the road.


ICANN Accountability: “Creative Ambiguity” at Work in the “.AFRICA” Decision

Posted: Aug 6, 2015 11:30am ET

If the June 2015 Buenos Aires meeting of ICANN focused on the principles of Accountability and Transition, the time leading up to the October 2015 meeting in Dublin will focus on how to begin to achieve these goals. Right after the Buenos Aires meeting ended, the landmark “.AFRICA” decision (Case #50 2013 001083; 7/9/15) was decided in early July by an Independent Review Panel (“IRP”) whic ...