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Airlines May be Mobile But Delta Apps Irk California Regulators

In a civil action filed in California (People v. Delta Air Lines Inc., California Superior Court, San Francisco, 12-526741), the California State Attorney General’s office alleges that Delta Air Lines was distributing a mobile application without a privacy policy, in violation of the California Online Privacy Protection Act of 2003 (COPPA), which became effective July 1, 2004. The California statute provides a penalty of up to $2,500 for every violation.

Among other things, the Delta ‘app’ allows customers to check in, and display and make reservations; and, according to the lawsuit, Delta has been allowing customers to download and use the ‘Fly Delta’ app without a privacy policy, since at least 2010.

Of course, Delta is not the only company with user-friendly mobile apps for on-the-go busy travelers, and I’m guessing that company lawyers are now scrambling to determine if their apps are in compliance and whether changes need to be made and, just as importantly, how to make those changes to ensure compliance with the law and still maintain the customer friendliness mobile users are accustomed to and demand.

Our Advertising, Technology & Media law practice can help you navigate the challenges of compliance – preventive law as well as representing clients when the regulators come calling . . . and we have a group dedicated to legal support when your needs, defensive or as a defendant, turn to privacy, data protection and identity theft. So if you need help or more information, contact me, Joseph I. Rosenbaum (joseph.rosenbaum@rimonlaw.com), or any of the Rimon lawyers with whom you regularly work.

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Bond Meets Bond Street: Mannequins are Watching You Shop

An Italian company, Almax S.p.A., is selling a mannequin (price tag about $5,000) in a development that is being closely watched – literally – by retailers, consumers and, of course, regulators and privacy gurus. The new product, marketed as the EyeSee Mannequin, contains a camera embedded in the mannequins eyes, and according to the company’s website: “This product will do much more; it would make it possible to ‘observe’ who is attracted by your windows and reveal important details about your customers: age range; gender; race; number of people and time spent.”

In Europe and the United States, the mannequins are making sporadic appearances – perhaps in showrooms and even in street-side display windows, gathering data as people saunter by the store gazing into the windows. According to reports, Almax may also be testing auditory capabilities that would allow a mannequin to not only see, but to hear what customers are saying as well. Hey, did you just call that mannequin a dummy?

 


(Image from Almax Website)

 

The EyeSee Mannequin has a camera placed as an “eye” that includes facial recognition technology that records information about passersby, such as their gender and race, and the software guesstimates the approximate age of each person scanned by the camera. Typically, cameras can be used in retail stores for security, but in many jurisdictions the shop owners are required to post signs alerting consumers browsing the aisles that they are subject to being recorded. Now, the EyeSee Mannequin gives retailers the ability to collect and store information for marketing purposes – a commercial purpose that may put the technology squarely under a microscope (these vision puns really must stop), since it collects personal data about individuals without their consent. That said, the current product is only supposed to record information, not any actual photographs or image scans, but . . . it could, couldn’t it?

Need to know more about the legal implications of technology in advertising and marketing? Concerned about your rights (and wrongs) in deploying surveillance equipment and gathering data and information about customers and consumers? Are you up-to-date on the latest privacy and compliance requirements? Not sure? Need to see these issues more clearly? OK, don’t be a dummy (I mean mannequin) and consult your lawyer. Don’t hesitate to contact me, Joseph I. Rosenbaum, or the Rimon lawyer with whom you regularly work. We would be happy to see you, hear you and help you.

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The NLRB Shops at Costco. Says Dish Network Can’t Stop Employee ‘Dissing’

This post was written by Joel S. Barras and Eugene K. Connors. 

Employers, what do you need to do NOW? You need to scrutinize your social media policies!

Employers cannot forbid employees from disparaging their employers – at least not with overly broad and sweeping restrictions. An NLRB Administrative Law Judge, following the lead of the NLRB from its recent decision in Costco Wholesale Inc., invalidated social media and other employment policies of DISH Network, Inc. The invalidated policies (1) prohibited employees from disparaging the company on social media sites; (2) required preapproval from management before speaking about the company to the media or at public meetings; and (3) limited employee communication with government agencies. You can read the actual decision here.

President Obama’s re-election will undoubtedly translate into increased scrutiny on employer social media and other personnel policies. For example, under continued attack will be certain types of at-will employment status, classification of independent contractors, requiring confidentiality during investigations of alleged workplace misconduct, the viability of class action waivers and agreements to arbitrate in employee handbooks, and individual employment agreements.

You can read our full Social Media White Paper on the impact of Social Media on the business community. In addition, some of our previous blog posts containing more in-depth analyses of these issues and other recent NLRB attacks on employer policies, including our update on employment issues, can be found here.

So what are you waiting for . . . dust off those social media policies, read these materials and make sure your policies aren’t the next ones "dissed" by the NLRB. As always, if you need help or more information, contact Joel S. Barras or Eugene K. Connors. Of course, you can always contact me, Joseph I. Rosenbaum, or any of the Rimon lawyers with whom you regularly work.

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New Jersey Casinos Permitted to Offer Mobile Gambling on Premises

In a press release dated October 9, 2012, the New Jersey Office of the Attorney General, Division of Gaming Enforcement, unveiled new temporary regulations applicable to mobile gaming in Atlantic City casinos. Procedurally, these regulations will remain in effect as of October 8 for 270 days, while the Division of Gaming Enforcement hopes to publish final regulations within 60 days.

With a focus on preventing underage gambling and protecting the security of mobile gaming, these new regulations will permit established and licensed casinos to enable mobile gambling on their property – ostensibly in every “recreational” area, but not in parking lots and garages. The regulations require providers of software and other technical means to exploit mobile gambling, to also obtain licenses as gaming-related service providers.

If you want to review the press release and materials, you can go to the New Jersey Office of the Attorney General website, or you can download and read a copy of the new temporary regulations right here N.J.A.C. 13:69O [PDF].

Of course, if you need help or more information, contact me, Joseph I. Rosenbaum (joseph.rosenbaum@rimonlaw.com), or any of the Rimon lawyers with whom you regularly work.

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Insight from California’s Special Assistant Attorney General for Technology

In a recent interview with Travis LeBlanc, California’s Special Assistant Attorney General for Technology, Amy Mushahwar and Joshua Marker of Rimon’s Data Privacy, Security & Management practice, obtained some interesting insight on California’s new Privacy Protection and Enforcement Unit. Mr. LeBlanc addresses current and upcoming privacy trends, and the focus of California’s enforcement actions.

You can read the entire discussion and the insights obtained right here: Rimon Attorneys Interview Travis LeBlanc, of California’s New Privacy Protection and Enforcement Unit

As always, if you need help or more information, contact the Rimon lawyers mentioned above; me, Joseph I. Rosenbaum; or any of the Rimon lawyers with whom you regularly work.

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Old Ethics and New Media: Reconciling Legal Ethics with New Technology

Colleagues and clients: Join us tomorrow, Friday, September 21 at Noon EDT (9 a.m. PDT; 11 a.m. CDT) for our timely seminar “When Worlds Collide: Old Ethics and New Media” discussing the ethical issues and implications arising from social media, cloud computing, mobile and wireless technology, and the latest in legal thinking, bar association rules and judicial rulings, among other things. Think you know the rules about metadata, discovery on social networks, litigation holds in cyberspace, and much more? Not sure? Join us for this one-hour session focusing on lawyers, law firms and the legal and regulatory processes that are being turned upside down by technology. Join us as the worlds of ethics and technology collide. Registration is open to all and, for licensed attorneys, attendance will provide 1.0 hour of Ethics CLE/CPD credit for UK, California, Pennsylvania, Illinois, New Jersey, and experienced New York lawyers, and we can file applications in Delaware, Virginia and elsewhere as needed. Clients can register by contacting Joe Maguire at jmaguire@rimonlaw.com or +1 202 414 9484.

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Useless But Compelling Facts – August 2012

I thought it would be fitting to have an "August" trivia contest in the middle of August, so let’s try our hands at some fun facts about Augustus Caesar. Augustus Caesar is one of the most popular leaders in history, having brought the Roman Empire to its "Golden Age." Leaving an impact on Western civilization that is still evident today, he revised the tax code, started the Praetorian Guard, the Vigiles, the first police and fire department – indeed, Jesus Christ was born during his reign – and he is widely regarded as the first Roman Emperor, although he was never proclaimed Emperor by the Roman Senate, nor ever took on that title himself. Augustus Caesar died August 19, 14 CE, at the ripe old age of 75, and it would probably be too easy to ask you what month is named after him; but let’s start with what was the month in the Roman calendar called before it was renamed "August"?

Now of course you knew that Augustus Caesar wasn’t his real name. Augustus means majestic or illustrious – a title awarded him by the Roman Senate in January of 27 BCE – and you already know Caesar was a title bestowed upon the Roman leader. Augustus Caesar had not one, but two names before that title. First, what was the name he was given at birth?

Now we also know that after 4-year-old Augustus’ (no real name still) father died, he was adopted by Julius Caesar. You might ask why, but since it’s my trivia contest, I’ll ask you to tell me: what was the young boy’s natural relationship with Julius Caesar before the adoption, and what name was he given after he was adopted by Julius Caesar (it is to this name that the title "Augustus" was added by Rome).

Now, Augustus (I’m not giving away his real name yet) was only 18 years old when Julius Caesar was assassinated ("Et tu, Brute?"), but he, Lepidus and Marcus Antonius (i.e., Mark Antony) were appointed by the Senate to govern Rome. Lepidus was removed by the Senate for trying to grab some of Augustus Caesar’s territory, and Mark Antony, who had married Augustus Caesar’s sister (I’m still not giving away his name), abandoned her and ran off to Egypt to be with Cleopatra – you remember that story! Well, with his sister deserted and his country abandoned, Augustus Caesar become sole ruler of the Roman Empire and bitter enemies with Mark Antony. Ultimately war came and Augustus Caesar’s forces defeated the combined might of Mark Antony’s legions and Cleopatra’s army at the battle of Actium in 31 BCE. Augustus was never crowned, appointed or hailed as Emperor, but the Roman Senate actually did bestow a permanent title upon him – what was it?

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Useless But Compelling Facts – July 2012 Answer

Our last UBCF question recognized the fact that the Summer Olympic Games were held in London, which is the home of James Bond, and noted that the 23rd Bond film, Skyfall, will be released this fall – the year marking the 50th Anniversary of the release of the first Bond film, Dr. No. Our trivia question, which no one answered correctly, asked who created the distinctive opening sequence of every Bond film – the camera sighting down the barrel of a gun, usually followed by shots and blood dripping down the screen as the title credits roll. For an added degree of difficulty, we asked you to name the only two films prior to GoldenEye for which this person did NOT create the opening title credits, and which two well-known films had “uncredited” title designs created by this same person.

Maurice Binder (1925–1991) created the now-famous gun barrel sequence for the opening titles of the first Bond film, Dr. No. Prior to GoldenEye, only From Russia with Love (1963) and Goldfinger (1964) had title credits that were not designed by Mr. Binder. In answer to the second part of the bonus question, Mr. Binder was the title designer for the motion pictures Damn Yankees! and Indiscreet, and in both cases he was not credited in the film.