On April 6, 2020, the Federal Trade Commission (FTC) announced a settlement with Tapplock, Inc., resolving allegations that the Canadian smart lock manufacturer violated Section 5 of the FTC Act by misrepresenting the security of its lock and of its consumers’ personal information.  Following is a closer look at the settlement and underlying complaint, as well as an overview of the current recommendations for IoT device manufactures issued by the National Institute of Standards and Technology (NIST) in its most recent draft of the “Core Baseline” guide.
Continue Reading FTC Taps into Tapplock’s Security Claims

Last week, the Federal Trade Commission (“FTC”) released a new report, Six-Step Compliance Plan for Your Business, to help companies understand their obligations under the Children’s Online Privacy Protection Act (“COPPA”). In addition to reviewing longstanding COPPA requirements, the report provides important new guidance on how COPPA applies to the rapidly evolving world of connected toys, online games and the Internet of Things (“IoT”). Here’s what you need to know.
Continue Reading Children’s Privacy: FTC Issues New COPPA Guidance for IoT and Connected Devices

Just this month, Major League Baseball issued a ground-breaking decision approving players’ use of biometric devices during games in the 2017 baseball season.  The devices, made by Whoop Inc. and which look like a sleek watch or bracelet, have been billed as the fitness tracker for elite athletes, with their ability to monitor various biometric factors like the wearer’s heart rate, heart rate variability, sleep performance, and recovery.   The data generated by the device will be used to assess players’ performance, endurance and recovery, with the goal of optimizing training and rest periods for players and potentially influencing batter line-ups and pitcher workloads.   Although the MLB’s decision marks the first time a major U.S. professional league has allowed such devices to be worn in-game, it is only the latest sign that the professional sports world is embracing wearable technology.  But as the saying goes, “with great power comes great responsibility,” and many are wondering whether the potential risks involved have been taken into account.  While few would dispute the helpful insights this technology can provide, there’s no doubt that significant privacy legal concerns are raised by professional athletes’ use of fitness trackers “at work.”
Continue Reading SHOW ME THE DATA – How Wearable Technology Data May Change Baseball