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- Professionals
- Lindsey L. Tonsager
Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.
In addition to assisting clients engage strategically with the Federal Trade Commission, Federal Communications Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.
Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, the processing of “big data” in the emerging Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.
Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. 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 programs.
- Advised numerous website operators and app developers on compliance with the Children’s Online Privacy Protection Act (COPPA) and the FTC’s COPPA Rule, including representation of website operators and app developers in responding to FTC inquiries under COPPA (with no formal complaints filed in response) and successful resolution of a children’s privacy inquiry by the Children’s Advertising Review Unit.
- Assisted a leading ad tech company in responding to an inquiry under the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles on Online Behavioral Advertising; advised numerous clients on their compliance with the DAA Principles and related mobile guidance.
- Advised a large online services company in launching a new personalized learning service for K-12 students in compliance with federal and state student privacy laws.
- Counseled pharmaceutical companies, retailers, and online services in formulating email marketing campaigns that comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and implementing regulations.
- Counseled a major digital media company on the FTC’s guidance governing online reviews, endorsements, and native advertising.
- 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.
- Represented the Public Broadcasting Service in negotiations and administrative proceedings relating to the distribution of statutory copyright royalties collected by the U.S. Copyright Office.
- Represented television broadcasters in proceedings before the FCC concerning rules for a first-of-its-kind spectrum incentive auction and repacking.
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 nonprofit 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, Executive Committee
- International Association of Privacy Professionals
- American Bar Association, Member
Previous Experience
- Office of Commissioner Adelstein, Federal Communications Commission, Law Clerk (Summer 2005)
August 29, 2017, Covington Digital Health
In the first of a three-part series, Covington’s global cross-practice Digital Health team answers key questions that companies across the life sciences, technology, and communications industries should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle. Key Regulatory Questions About Digital Health ...
June 29, 2017, Bloomberg Law
Lindsey Tonsager is quoted in a Bloomberg Law article regarding the FTC's updated guidance that includes adding online-based questions as a method of obtaining parental consent under the Children's Online Privacy Protection Act. According to Tonsager, the new methods are a quick way for parents to give consent without having to mail in forms, and will largely ...
June 22, 2017, Inside Privacy
Today the FTC announced that it is undertaking a review of its CAN-SPAM Rule, which sets out the requirements for sending commercial e-mail messages. Among other things, the CAN-SPAM Rule requires that senders of commercial e-mails provide recipients a mechanism to opt out of receiving commercial e-mails, honor opt-out requests within 10 business days, and ...
June 21, 2017, Inside Privacy
The FTC staff published today a “Six-Step Compliance Plan” for businesses to comply with the Children’s Online Privacy Protection Act (COPPA). The guidance, which provides a useful framework for businesses, states explicitly that COPPA applies to connected toys and other devices that collect personal information from children over the Internet. The FTC’s 2013 ...
May 1, 2017, Covington Alert
In a widely anticipated step, FCC Chairman Ajit Pai has released the text of a draft Notice of Proposed Rulemaking (“NPRM”) proposing to change the legal framework that governs broadband providers, eliminate the “Internet conduct standard” for evaluating broadband provider practices on a case-by-case basis, and seek comment on whether to keep, modify, or eliminate other open Internet (also known as net neutrality) rules previously adopted by the FCC. Chairman Pai has circulated the draft NPRM to his fellow Commissioners for a vote at the Commission’s next monthly meeting, scheduled for May 18.
November 4, 2016, Inside Privacy
On November 2, 2016, California Attorney General Kamala Harris released a report outlining best practices for the education technology industry (“Ed Tech”). In Ready for School: Recommendations for the Ed Tech Industry to Protect the Privacy of Student Data, Attorney General Harris noted the need to implement robust safeguards for collection, use, and sharing ...
October 18, 2016, Inside Privacy
The Digital Advertising Alliance (DAA), a consortium of the nation’s largest media and marketing associations that has established self-regulatory standards for online behavioral advertising, announced on October 13 that the Council of Better Business Bureaus and the Direct Marketing Association will begin enforcement of the Application of the DAA Principles of ...
April 29, 2016, Inside Privacy
In a blog post published on the Federal Trade Commission (FTC) website, Jessica Rich, Director of the FTC’s Bureau of Consumer Protection, recently stated that: “we regard data as ‘personally identifiable,’ and thus warranting privacy protections, when it can be reasonably linked to a particular person, computer, or device. In many cases, persistent identifiers ...
November 9, 2015, Multichannel News
October 8, 2015
WASHINGTON, DC, October 8, 2015 — Covington advised Prosper Marketplace, a leading online marketplace that connects borrowers and investors, in its acquisition of BillGuard, a personal finance analytics company. The financial terms of the deal were not announced. According to the company’s press release, the acquisition will enable Prosper Marketplace to offer ...
Covington Promotes Nine New Partners
October 1, 2015
WASHINGTON, DC, October 1, 2015 - Covington has elected nine of its lawyers to partnership. “We are delighted to welcome our new partners, who exemplify the spirit and substance of Covington,” said Timothy Hester, chair of the firm’s management committee. “This partnership class reflects our focus on the firm’s core practice strengths. We are confident that ...
September 18, 2015, Inside Privacy
By Lindsey Tonsager and Megan Rodgers The FTC held its “Start with Security” conference in San Francisco, California, last week, launching an initiative to provide companies with practical resources for implementing effective data security strategies. The event was targeted at tech start-ups and small- and medium-sized businesses, but the panelists included ...
Covington Advises Tencent on Investment in Kik
August 20, 2015
SAN FRANCISCO, August 20, 2015 — Covington advised Tencent Holdings Ltd. on its US$50 million investment in Ontario-based Kik Interactive, Inc., a messenger application with more than 200 million registered users. Tencent is a Chinese company that provides value-added Internet, mobile and telecom services and online advertising. Its messaging app WeChat has ...
Regulatory Issues with Social Media - Beyond the FDA
June 24, 2015, FDAnews Social Media Regulatory Affairs Summit — Social Media: Getting to Yes — Satisfy Both ROI and the FDA
Emerging Issues in Online and Mobile Privacy
May 21, 2015, IAPP Seattle KnowledgeNet
May 12, 2015, Inside Counsel
FCC Regulatory and Legislative Update for PTV Stations
April 10, 2015, PBS Technology Conference
Auctions in Your Mirror May Be Closer Than They Appear
April 10, 2015, PBS Technology Conference
Control the Chaos: Practical Third-Party Monitoring Strategies for Your Online Ad Campaigns
March 5, 2015, IAPP Global Privacy Summit
February 17, 2015, Bloomberg BNA Social Media Law & Policy Report, Vol. 4, No. 7
January 22, 2015, Inside Privacy
On Thursday, January 29, Covington’s Global Privacy and Data Security Practice Group will host a webinar on the Internet of Things (IoT). The webinar will cover the full federal, state, and international legal landscape governing IoT technology. While the Federal Trade Commission (FTC) is expected to release a report soon on privacy issues raised by IoT, the ...
January 9, 2015, Inside Privacy
In late December 2014, the FTC staff sent China-based mobile app developer BabyBus a letter warning the company that several of its apps may violate the FTC’s Children’s Online Privacy Protection Act (COPPA) Rule. Staff alleged that the apps are marketed for young children and “use cartoon characters to teach children letters, counting, shapes, music,...… ...
October 21, 2014, Law360
Creating a Compliant Third Party Monitoring Strategy for Websites with Younger Audiences
October 1, 2014, Children’s Advertising Review Unit Annual Conference
September 19, 2014, Inside Privacy
Making good on its warnings that mobile apps will be an enforcement priority under the revised Children’s Online Privacy Protection Act (“COPPA”) Rule, the FTC has announced two settlements with mobile app developers: TinyCo., the developer of several child-directed mobile apps, will pay $300,000 to settle charges that it violated COPPA by collecting children’s ...
July 17, 2014, Inside Privacy
The FTC staff has posted revisions to three Frequently Asked Questions (“FAQs”) related to obtaining verifiable parental consent under its COPPA Rule. For a comparison of the old and new FAQs, click here. Although the changes (which include a new FAQ H.16) may appear substantial, they mostly reaffirm the FTC’s longstanding position that the agency’s...… Continue ...
April 30, 2013, Law360
April 11, 2013, Covington E-Alert
You Must Be at Least 13 Years Old to Attend This Session: Changes to Children’s Privacy Laws
March 8, 2013, IAPP Global Privacy Summit
August 2, 2012, Covington E-Alert
June 7, 2012, Covington Advisory
February 27, 2012, Covington E-Alert
December 1, 2010, Covington E-Alert
20th Anniversary of the Americans with Disabilities Act Sparks Legislative and Regulatory Reform
September 29, 2010, Covington Advisory
July 22, 2010, Covington Advisory
FCC Releases "National Broadband Plan For Our Future"
March 19, 2010, Covington Report
October 30, 2009, Covington E-Alert
October 6, 2009, Covington E-Alert
August 13, 2009, Covington Advisory
June 19, 2009, Covington E-Alert
January 6, 2009, Covington Advisory
Maintaining FCC Compliance
2009, PBS Technology Conference
December 2008, Data Protection Law & Policy
August 2008, Data Protection Law & Policy
March 2008, Data Protection Law & Policy
Copyright Developments
2008, Annual Presentation to the Smithsonian Institution’s Office of General Counsel on Developments in Intellectual Property
Copyright Developments
2007, Annual Presentation to the Smithsonian Institution’s Office of General Counsel on Developments in Intellectual Property
2006, 90 Minn. L. Rev. 1506
- Legal 500 US, Cyber Law (2016)
- Legal 500 US, Technology: Data Protection and Privacy (2016)
- Washington DC Super Lawyers, Communications "Rising Star" (2013-2015)