Former FTC Employee Files Complaint Over Google Privacy – Digits – WSJ http://bit.ly/d2hWYO #ediscovery http://bit.ly/cSOcVP #ediscovery

Former FTC Employee Files Complaint Over Google Privacy – Digits – WSJ http://bit.ly/d2hWYO #ediscovery http://bit.ly/cSOcVP #ediscovery

Former FTC Employee Files Complaint Over Google Privacy – Digits – WSJ http://bit.ly/d2hWYO #ediscovery

Former FTC Employee Files Complaint Over Google Privacy – Digits – WSJ http://bit.ly/d2hWYO #ediscovery

FTC probes privacy concerns with digital copiers

The Federal Trade Commission said it is reviewing concerns that digital copy machines were retaining sensitive information and is reaching out to retailers and government agencies to safeguard users’ private data.

FTC Chairman Jon Leibowitz said in a letter (pdf) last week to Rep. Ed Markey (D-Mass.) that the agency has also launched an education campaign around informing users of copy machines that information such as financial and health data can be retained on hard drives. Machines that retain data can be accessed by identity thieves, particularly as copiers are resold without wiping clean hard drives.

“Like you, we also are concerned that personal information can be so easily retrieved by copiers, making it vulnerable to misuse by identity thieves,” Leibowtiz wrote.

The privacy implications of digital copy machines stem from a report by CBS that showed copiers were essentially acting as computers, with hard drives data being circulated among several parties as copiers were resold. Markey had called for an investigation into the issue.

via Post Tech – FTC probes privacy concerns with digital copiers.

Apple Draws Scrutiny From Regulators – WSJ.com

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U.S. antitrust enforcers are taking a keen interest in recent changes that Apple Inc. made to its licensing agreement with iPhone application developers and are likely to open a preliminary investigation into whether the company’s actions stifle competition in mobile devices, according to people familiar with the situation.

The Federal Trade Commission and the Justice Department, which are jointly tasked with enforcing federal antitrust laws, are holding discussions over which agency would hold the inquiry, these people said. Apple, the FTC and Justice Department all declined to comment.

Antitrust regulators are studying recent changes Apple made to its licensing agreement with iPhone application developers and are likely to open a preliminary investigation into whether the company's actions stifle competition in mobile devices.

The process is at a preliminary stage and any resulting investigation wouldn’t necessarily lead to action. It’s also unclear what grounds an investigation would cover. News of the regulators’ talks were earlier reported by the New York Post.

The growing interest in Apple’ activities by antitrust authorities shows the extent to which the Cupertino, Calif., company has become a powerful player in mobile devices like smartphones, which many people see as the next dominant computing platform after personal computers.

People familiar with the matter said the latest interest from regulators was triggered by complaints from Apple competitors and application developers over the terms of company’s agreement with iPhone and iPad app developers.

Apple recently revised the terms to forbid developers from using software tools other than Apple’s tools to build their programs. It also banned apps from transmitting certain technical iPhone data to third parties.

via Apple Draws Scrutiny From Regulators – WSJ.com.

FTC Targets Omega 3 Claims And More | NP Insider

In mid-February, FTC issued a release stating the agency, “sent letters to 11 companies that promote various omega-3 fatty acid supplements, telling them they should review their product packaging and labeling to make sure they do not violate federal law by making baseless claims about how the supplements benefit children’s brain and vision function and development.” The companies were given two weeks to respond. As an example of the level of substantiation FTC would find acceptable, the letters point to “well-conducted, clinical cause-and-effect studies demonstrating the use of the combination of omega-3 fatty acids provided in Product X, in the same dosage as provided by one serving of that product, improves or promotes brain function, cognitive function, attention span, intelligence, memory, learning ability and visual acuity in normal children ages 2 years and older.”

FTC indicated it has challenged some claims that appear tenuous, but also claims that are standard and widely accepted claims for omega-3 fatty acids, specifically docosahexaenoic acid (DHA), such as claims that these ingredients “support brain and eye health” or “support normal brain and vision development.” Research into the differences between breast milk and infant formula and the higher scores of breast-fed infants on visual and developmental tests are largely responsible for recent changes in the formulation of most infant formula products to supplement with DHA and other fatty acids. It would appear companies challenged for making such standard claims would have a relatively easy task of responding to the FTC letter with evidence from peer-reviewed studies and/or qualified independent experts, assuming their products have sufficient levels of these ingredients. Some companies and industry associations are in the process of responding to the FTC challenge; the likely result will be standard claims will continue, whereas more adventurous and possibly misleading claims will not.

via FTC Targets Omega 3 Claims And More.

Lawyers Galore in FTC’s Intel Case – The BLT: The Blog of Legal Times

Lawyers Galore in FTC’s Intel Case

As discovery heats up in the Federal Trade Commission’s monopolization lawsuit against Intel Corp., at least seven tech giants have been dragged into the fray.

Microsoft, Oracle, Hewlett-Packard, Via Technologies, Lenovo, Acer and Gateway have all been hit with subpoenas for documents either by the FTC, Intel, or both. Lawyers for the companies have responded with motions asking for more time to comply or to quash or limit the scope of the requests.

The FTC on Dec. 16 charged Intel with using its dominant market position to illegally stifle competition in violation of Section 5 of the FTC Act. Trial is set for September.

via Lawyers Galore in FTC’s Intel Case – The BLT: The Blog of Legal Times.

FTC To Silicon Valley: Tech Companies Should Protect Consumer Data – Forbes.com

Washington wants to know: Why can’t technology protect consumers’ privacy instead of violating it?

The Federal Trade Commission met today in Berkeley, Calif., with corporate technology leaders and privacy advocates, challenging them to create ways to protect consumer privacy online. The FTC is encouraging technology companies such as Facebook and Apple (to come up with self-regulatory tactics that will protect consumers without squashing corporate innovation.

Technology companies should be doing more to protect people, says Pamela Jones Harbour, the FTC’s commissioner. “Apple requires all developers to submit potential apps for review,” Harbour says. “Through that process, the company could do more to regulate privacy disclosures.” Similarly, she says other companies should be taking more steps to protect consumer privacy.

The brainstorming session was the second of three the FTC has held before planning to draft new laws this summer that will control how consumer information is collected and used on the Web. Scrutiny of consumer privacy violation on the Internet has grown over the past several years, as technology advancements arm marketers with new ways to target potential buyers. Companies are buying consumer data from sources such as consumer surveys, loyalty programs and Web and mobile applications to identify potential consumers who are then tracked online and off to deliver more relevant advertising.

via FTC To Silicon Valley: Tech Companies Should Protect Consumer Data – Forbes.com.

FTC set to examine cloud computing – The Hill’s Hillicon Valley

The Federal Trade Commission (FTC) is investigating the privacy and security implications of cloud computing, according to a recent filing with the Federal Communications Commission.

The FTC, which shares jurisdiction over broadband issues, says it recognizes the potential cost-savings cloud computing can provide. “However, the storage of data on remote computers may also raise privacy and security concerns for consumers,” wrote David Vladeck, who helms the FTC’s Consumer Protection Bureau.

“For example, the ability of cloud computing services to collect and centrally store increasing amounts of consumer data, combined with the ease with which such centrally stored data may be shared with others, create a risk that larger amounts of data may be used by entities not originally intended or understood by consumers,” the filing says.

The FTC is also looking at identity management systems — i.e., how people authenticate their identities when logging into websites — and how they can better protect citizens’ privacy.

via FTC set to examine cloud computing – The Hill’s Hillicon Valley.

Federal Trade Commission Picks Intel As Target for Separate Section 5 Claim Beyond the Sherman Act

After a lengthy investigation, on December 16, 2009, the Federal Trade Commission (FTC) filed an administrative complaint against Intel Corporation (Intel) alleging that it has engaged in anticompetitive and unfair conduct in order to maintain a superior position in several markets. The FTC action is particularly notable because the Commission is attempting to invoke authority under Section 5 of the Federal Trade Commission Act (FTC Act) recognized by the Supreme Court in 1972 to pursue arguably anticompetitive conduct that does not violate the Sherman Act. Only time will tell how successful the Section 5 revival will be, but companies should be aware of the FTC’s current willingness to exercise its full authority under the broader Section 5 and reach conduct that the Sherman Act would permit.

via JD Supra: Legal Articles – Antitrust and Federal Regulation Alert: Federal Trade Commission Picks Intel As Target for Separate Section 5 Claim Beyond the Sherman Act.

Antitrust Officials Moving Forward with New Merger Guidelines – The BLT: The Blog of Legal Times

Revised merger guidelines were a hot topic at the American Bar Association’s Antitrust Fall Forum this morning at the National Press Club in Washington.

“The way we in the enforcement agencies go about analyzing mergers is not entirely consistent with the way the process is described in the 1992 guidelines,” said Richard Feinstein, director of the Federal Trade Commission’s Bureau of Competition, who spoke on a panel of FTC officials.

In September, the FTC and the Department of Justice’s Antitrust Division announced they would “explore the possibility” of updating the 17-year-old horizontal merger guidelines. The guidelines are used by both agencies to evaluate the potential competitive effects of mergers and acquisitions.

“There is no certainty how [the guidelines] will be revised, but there is some reasonable expectation that they will be,” said Feinstein (who joked he’d like them to be called “Rich’s Guidelines”).

The goal, he said, is to make any new guidance “clear and intelligible to more than just the people in this room.” Over 100 antitrust lawyers, including large contingents from both the DOJ and FTC, were on hand for the morning panel discussions.

via Antitrust Officials Moving Forward with New Merger Guidelines – The BLT: The Blog of Legal Times .