As counsel for many of the world’s leading software, Internet, and communications companies, Covington advises clients on a wide range of online privacy issues, including acceptable practices for collection, use, disclosure, access, and security with respect to personally identifiable information. Our attorneys help clients implement and maintain manageable and transparent website privacy policies, and we audit websites for compliance with stated policies. In addition, we counsel companies in the United States and Europe on how to structure their marketing practices to meet federal, state, and European Union (EU) requirements governing commercial e-mail and telemarketing.
We often represent clients before federal and state agencies, working to negotiate agreements and consent orders involving privacy practices. We also frequently consult with legislators and regulators, both in the United States and the EU, in connection with proposed laws and rules involving commercial e-mail, telemarketing, fax advertising, and identity theft.
Representative Matters
- Developed legal and practical strategies to combat proposed state legislation requiring online dating service providers to conduct background checks of potential customers.
- Successfully challenged before the D.C. Circuit the Federal Communication Commission’s rules mandating that telecommunications companies install equipment to monitor private telephone and Internet communications.
- Prepared an assessment for a leading national association on the installation and use of event data recorders (“black boxes”) in passenger cars under state law and proposed NHTSA regulations.
- Advised a telecommunications client on strategy, including options for enforcing existing law or drafting legislation, for combatting the spoofing of its customers’ telephone numbers to subvert caller identification technology.
- Actively participated in legislative and regulatory efforts involving a range of privacy and data security issues, such as commercial e-mail, phishing, spyware, identity theft, caller ID spoofing, and individual background checks. For example, we worked closely with Hill staff on federal spam legislation and prepared witnesses to testify before the House and Senate Commerce Committees, and we filed comments on the Federal Trade Commission’s implementing regulations cited repeatedly by the Commission after the legislation became law.
- Negotiated a favorable agreement with the Children’s Advisory Research Unit of the Better Business Bureau regarding an Internet service provider’s compliance with the Children’s Online Privacy Protection Act.
- Advised clients who provide e-mail services to customers and employees on requirements and best practices with respect to the transmission, storage, monitoring, and retention of electronic communications.
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