Feb 292016
 February 29, 2016  Posted by  Breaches, Business, Non-U.S.

L. Robert Batterman, Michael Cardozo, Robert E. Freeman, Howard L. Ganz, Wayne D. Katz, and Joseph M. Leccese of Proskauer Rose write that companies providing fitness apps need to comply with EU data protection laws concerning health data, as Nike is finding out:

In November, the Dutch Data Protection Authority (the “CBP”), a supervisory body engaged to enforce personal data protection laws, published a report outlining several alleged violations of Dutch data protection law following its investigation into Nike‘s fitness app, the Nike+ Running app (“Nike+”). Nike+ is an app for a smartphone with capability to be synced with tracking sensors in running shoes or with other wearable devices.

The CBP asserted that Nike violated Dutch privacy law based on two premises: first, that the Nike+ app collected “data concerning health” of its users, thereby triggering stricter privacy protections; and second, that Nike did not sufficiently inform users in its privacy notices about the types of personal data it collects and processes and, as such, users of the Nike+ app had not given requisite consent to the specific ways in which Nike processed health data.

Read more on National Law Review.

Feb 292016
 February 29, 2016  Posted by  Business, Court, Featured News, Govt, Surveillance

Wow. In Brooklyn, Judge Orenstein has ruled against DOJ’s motion to compel Apple to assist them.  In that case, like the San Bernardino case, the government also tried to use All Writes to compel assistance, although the facts of the cases are somewhat different.

Katie Benner reports:

A federal judge denied the United States government’s request to open an Apple iPhone in a drug case in New York, a move that gives Apple’s pro-privacy stance a boost and that has implications for other cases where federal investigators are trying to get data from tech companies.

Magistrate Judge James Orenstein in New York’s Eastern District said in a ruling on Monday that the United States government couldn’t use a law called the All Writs Act to force Apple to hack into an iPhone that was seized in connection with a drug case. The government overstepped what the All Writs Act was intended for, the judge wrote.

Read more on the NY Times.

Here’s the memorandum and order.

Feb 292016
 February 29, 2016  Posted by  Misc

Bailey Reutzel reports:

Bitcoin wallet providers haven’t focused on increasing privacy to promote consumer financial independence and safety over the last year, according to the Open Bitcoin Privacy Project’s (OBPP) second edition survey.

As no provider received a score of more than 50 out of 100, the OBPP suggests privacy work has stagnated within the bitcoin wallet industry and that improvements to these services are greatly needed.

Read more on CoinDesk.

Feb 292016
 February 29, 2016  Posted by  Business, Featured News, Govt

In anticipation of tomorrow’s hearing by the House Judiciary Committee on, “THE ENCRYPTION TIGHTROPE: BALANCING AMERICANS’ SECURITY AND PRIVACY,”  you can read some of the witnesses’ opening statements from the second panel:

Additional details on the hearing can be found here.  The hearing will be televised live on C-SPAN3 at 1:00 pm (EST).  I’m not sure if it’s being streamed live.

Update: It looks like it will be streamed live here: