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Lindsey Tonsager is an associate in the firm’s Washington, DC office, where she practices in the areas of privacy and data security, communications and media, and copyright law.
Ms. Tonsager represents clients in policy and adjudicatory proceedings before the U.S. Congress, Federal Trade Commission, Federal Communications Commission, and Copyright Royalty Board. In addition to assisting clients engage strategically with regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions.
She advises clients on a broad range of regulatory issues, including spectrum policy, accessibility requirements, cable and satellite carriage rules, compulsory copyright license regimes, the use of endorsements and testimonials in advertising, and the laws governing the collection of personal information from children online, behavioral advertising, e-mail marketing, telecommunications and new technologies.
Ms. Tonsager also represents clients in a variety of commercial transactions, such as negotiating copyright licenses, mobile app and social media development agreements, and programming carriage agreements. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design policies.
Representative Matters
- Advised operators of general audience and child-directed websites on how to comply with the Children’s Online Privacy Protection Act; represented leading technology companies in seeking improvements to the FTC’s implementing regulations; and assisted clients in developing innovative COPPA-compliant parental consent mechanisms.
- Counseled pharmaceutical companies on how to formulate online marketing campaigns that comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and implementing regulations.
- Counseled technology and media companies on the FTC’s principles for online behavioral advertising and industry guidelines.
- Advised technology and media companies regarding the Twenty-First Century Communications and Video Accessibility Act and the FCC’s implementing regulations governing advanced communications services and closed captioning of IP-delivered programming.
- Assisted a major media company in assessing its data collection, use, and disclosure practices across its family of websites, developing a new privacy-by-design program, and implementing the program through employee training.
Previous Experience
- Office of Commissioner Adelstein, Federal Communications Commission, Law Clerk (Summer 2005)
Pro Bono
- Assisted a non-profit organization in executing its social media strategy, including the development of privacy disclosures, terms of use, and an app development agreement.
- Assisted a non-profit organization to develop an intellectual property policy for its online service.
- Provided copyright advice to a religious organization concerning its extensive music portfolio.
- Advised a leading international anti-corruption organization on newsgathering and prepublication review issues.
Memberships and Affiliations
- Federal Communications Bar Association, Member
- American Bar Association, Member
Publications and Speeches
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