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- Home
- 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. She co-chairs the firm’s Artificial Intelligence Initiative.
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 artificial intelligence, data processing for Internet of Things devices, behavioral advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, 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 AI providers on the privacy implications of collecting and using large datasets of consumer data (including text, voice, and biometric information) to develop, train, and improve their AI solutions.
- Represented a client on data privacy and security issues raised in connection with its acquisition of a voice and chat assistant conversational AI company.
- 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, Co-Chair Northern California Chapter, former Executive Committee member
- International Association of Privacy Professionals
- American Bar Association, Member
Previous Experience
- Office of Commissioner Adelstein, Federal Communications Commission, Law Clerk (Summer 2005)
February 9, 2020, Inside Privacy
The California Attorney General has released both clean and redlined versions of proposed modifications to the draft implementing regulations for the California Consumer Privacy Act (“CCPA”). Below is a high-level overview of some key changes: Service Providers. The modified draft restricts a service provider from processing the personal information it receives ...
February 7, 2020, Inside Privacy
On January 30, House Rep. Kathy Castor (D-FL) introduced the Protecting the Information of our Vulnerable Children and Youth (“PRIVCY”) Act, a bill that promises to be a significant overhaul of the Children’s Online Privacy Protection Act (“COPPA”). Currently, COPPA applies only to personal information collected from children under 13 years old. The PRIVCY ...
January 24, 2020, Inside Tech Media
U.S. federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the fourth quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our fourth AI...… Continue ...
January 24, 2020, Covington Alert
U.S. federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the fourth quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our fourth AI & IoT ...
US House privacy bill differs from Senate counterparts
January 13, 2020, Global Data Review
Lindsey Tonsager is quoted in Global Data Review regarding a recently released draft privacy bill from the US House Committee on Energy & Commerce which differs from current Senate bills. With roughly a quarter of House Democrats coming from California, Ms. Tonsager told GDR that there will be major opposition to pre-emption in the House. “We’ve already seen the ...
January 10, 2020, Inside Privacy
While some state legislators are still putting away their holiday decorations, New Hampshire legislators introduced new data privacy legislation, New Hampshire House Bill 1680. The legislation is similar to the California Consumer Privacy Act (which we’ve written extensively about before, including here and here). It grants consumers access, portability, ...
January 1, 2020, Financial Times
Lindsey Tonsager spoke with the Financial Times about the California Consumer Privacy Act (CCPA) and the different ways companies are trying to comply with the new law. Addressing some companies’ efforts to create self-serve portals to handle users’ privacy requests, Ms. Tonsager says, “This works fine but if you get a high spike of data access requests — right ...
December 4, 2019, Daily Journal
Lindsey Tonsager is quoted in Daily Journal regarding a new voter initiative designed to improve consumer privacy in California. Ms. Tonsager says, “The new ballot initiative has introduced some uncertainty into the conversation for businesses. There has been a real whiplash throughout the whole process of the CCPA. It was enacted back in 2018, and its already ...
November-December 2019, Privacy & Cybersecurity Law Report
November 8, 2019, Inside Privacy
With less than two months until it goes into effect, many practitioners are focused on bringing their programs into compliance with the California Consumer Protection Act (“CCPA”) by January 1, 2020. But the rapid pace of privacy legal developments could continue next year. This past year, five states established studies or task forces to study...… Continue ...
IAPP: 'Sale' Under CCPA May Not Be as Scary as You Think
October 29, 2019
As the effective date of the California Consumer Privacy Act looms closer, companies are grappling with the significance of the law and its definitions. One defined term in particular, “sale,” has sparked heated debate between industry and consumer advocates, and even within the legal profession. While much has been said about this term, more needs to be said. ...
October 22, 2019, Inside Tech Media
Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the third quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI &...… Continue ...
October 21, 2019, Covington Alert
Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI & IoT Quarterly ...
October 11, 2019, Covington Alert
On October 10, 2019, California state attorney general Xavier Becerra announced the release of proposed implementing regulations concerning the California Consumer Privacy Act (CCPA). Interested stakeholders can submit written comments until December 6, 2019 at 5 PM (Pacific Time). In addition, four public hearings will be held on December 2nd (Sacramento), ...
October 10, 2019, Inside Privacy
A new ballot initiative would create the California Privacy Rights and Enforcement Act (“CPREA”) and would make several changes to the California Consumer Privacy Act (“CCPA”). CPREA makes the following changes and additions: California Privacy Protection Agency: This ballot initiative would establish the California Privacy Protection Agency (“CPPA”), which ...
Federal Trade Commission Hosts Workshop to Review the Children’s Online Privacy Protection Rule
October 10, 2019, Covington Alert
On Monday, the Federal Trade Commission held a workshop to examine whether to update the FTC’s rule adopted under the Children’s Online Privacy Protection Act (“COPPA Rule”). The Future of the COPPA Rule: An FTC Workshop featured a range of speakers and panelists, including representatives from industry, consumer groups, and academia.
CCPA Amendments Would Ceate Independent Enforcer
September 30, 2019, Global Data Review
Lindsey Tonsager spoke with Global Data Review about proposed amendments to the California Consumer Privacy Act filed by Alastair Mactaggart of the Californians for Consumer Privacy. Ms. Tonsager said that given the time and resources spent on preparing staff within California’s office of the attorney general for the CCPA, she was “baffled” to see the proposal ...
September 27, 2019, Covington Alert
Real estate developer Alastair Mactaggart is making news with the announcement of another privacy ballot initiative, the California Privacy Rights and Enforcement Act (“CPREA”). He intends to include his new initiative on the November 2020 ballot.
September 26, 2019, Financial Times
Lindsey Tonsager is quoted in the Financial Times regarding the California Consumer Privacy Act’s effect on businesses in the state and around the world. Ms. Tonsager says, “Once the new law takes effect, the California attorney-general will overnight become one of the most powerful privacy regulators in the world.” She adds, “Companies that already had to apply ...
September 17, 2019, Inside Privacy
Last week, after months of negotiation and speculation, the California legislature passed bills amending the California Consumer Privacy Act (“CCPA”). This marked the last round of CCPA amendments before the legislature adjourned for the year—and before the CCPA takes effect on January 1, 2020. California Governor Gavin Newsom has until October 13 to sign ...
September 16, 2019, Global Data Review
Lindsey Tonsager spoke with Global Data Review about the recently-passed California Consumer Privacy Act. Ms. Tonsager says the issues the attorney general need to clarify include what a “do not sell my personal information” link should look like on company websites, how that link should be formatted, and where it should be placed. One of the most important ...
September 11, 2019, Legaltech News
Lindsey Tonsager is quoted in Legaltech News regarding Google’s settlement with the FTC involving violations of the Children's Online Privacy Protection Act. Ms. Tonsager says, “This is the first FTC settlement that dealt with behavioral advertisements against a platform that just hosts third-party content.” She noted FTC Commissioner Rebecca Kelly Slaughter’s ...
September 10, 2019, The Recorder
September 6, 2019, Inside Privacy
Yesterday, the Federal Trade Commission (“FTC”) and the New York Attorney General’s office (“NYAG”) settled allegations against Google LLC and its subsidiary YouTube, LLC claiming violations of the Children’s Online Privacy Protection Act and its implementing rule (together, “COPPA”). The settlement requires Google and YouTube to pay $136 million to the FTC and ...
August 12, 2019, Inside Privacy
At the Black Hat conference in Las Vegas last week, a security researcher presented his research on using access rights available under the GDPR for identity theft purposes (slides available here; whitepaper available here). Specifically, the researcher “attempted to steal as much information as possible” about his fiancé by submitting GDPR access requests in ...
Keeping Up with the Tech: Behind the FTC's COPPA Review
July 25, 2019, Legaltech News
Lindsey Tonsager spoke with Legaltech News about the FTC’s public request for comment on the Children’s Online Privacy Protection Act (COPPA). Ms. Tonsager said, “Regardless of whether the FTC is looking at the rule or not, I think the common best practice is to collect only the information that you need. The data minimization helps regardless if the regulator ...
July 18, 2019, Inside Tech Media
Federal and state policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing both substantive measures that would regulate the use of the technology and by supporting funding bills aimed at increasing investment. In our second AI & IoT Quarterly Legislative ...
July 17, 2019, Covington Alert
Federal and state policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing both substantive measures that would regulate the use of the technology and by supporting funding bills aimed at increasing investment. In our second AI & IoT Quarterly Legislative Update, ...
Wanted: Lawyers Who Understand AI
July 9, 2019, Wall Street Journal
Lindsey Tonsager is quoted in the Wall Street Journal regarding the initiative to increase artificial intelligence legal practices. Ms. Tonsager says data is the fuel that drives artificial intelligence, but it can come with legal restrictions. Companies acquiring datasets need to be sure their contracts give them the right to use the data to train algorithms. ...
June 27, 2019
SAN FRANCISCO—The Daily Journal has named Lindsey Tonsager to its 2019 “Top Artificial Intelligence Lawyers,” recognizing the top artificial intelligence lawyers in California. Ms. Tonsager co-chairs the firm’s Artificial Intelligence Initiative, which is a cross-functional practice advising companies developing or utilizing AI technologies. She is advising ...
June 25, 2019, Covington Digital Health
Last week, Senators Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced the Protecting Personal Health Data Act (S. 1842), which would provide new privacy and security rules from the Department of Health and Human Services (“HHS”) for technologies that collect personal health data, such as wearable fitness trackers, social-media sites focused on health ...
June 22, 2019, Inside Privacy
Last week, Senators Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced the Protecting Personal Health Data Act (S. 1842), which would provide new privacy and security rules from the Department of Health and Human Services (“HHS”) for technologies that collect personal health data, such as wearable fitness trackers, social-media sites focused on health ...
June 10, 2019, Inside Privacy
On May 29, 2019, the Governor of Nevada signed into law Senate Bill 220 (“SB 220”), an act relating to Internet privacy and amending Nevada’s existing law requiring websites and online services to post a privacy notice. In short, Nevada’s law will require operators of Internet websites and online services to follow a consumer’s direction...… Continue Reading
Spotlight on Data: How New U.S. Privacy Laws Will Reshape Content Agreements
May 14, 2019, PayTV Show
May 1, 2019, Inside Tech Media
Federal and state policymakers introduced a range of new measures on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the first quarter of 2019. In our initial AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT,...… Continue Reading
April 30, 2019, Covington Alert
Federal and state policymakers introduced a range of new measures on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the first quarter of 2019. In our initial AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT, and connected and autonomous ...
April 10, 2019, Covington Digital Health
On April 2, 2019, FDA released a discussion paper entitled “Regulatory Framework for Modifications to Artificial Intelligence/Machine Learning (AI/ML)-Based Software as a Medical Device (SaMD)” (the “AI Framework”). The AI Framework is the Agency’s first policy document describing a potential regulatory approach for medical devices that use artificial ...
The Intelligent Future: A Legal Framework for Artificial Intelligence
October 3, 2018, Privacy + Security Forum
What California's new law on internet-connected devices means for Bay Area tech companies
September 21, 2018
Lindsey Tonsager is quoted in the San Francisco Business Times regarding California’s new cybersecurity bill regulating internet-connected devices. Ms. Tonsager believes the vagueness of the “reasonable” standard makes the law flexible. She says, “It’s really helpful that the legislation acknowledges flexibility in identifying which standards are reasonable. ...
September 17, 2018, Law360
Lindsey Tonsager is quoted in Law360 regarding California’s newly enacted rules mandating security features for internet-connected devices. Makers of IoT devices will be required under Senate Bill 327 to equip products with "reasonable security features." Ms. Tonsager says, "The 'reasonable security' standard is quite flexible, which is good when operating in a ...
July 3, 2018, Covington Alert
On June 28, 2018, the Governor of California signed the California Consumer Privacy Act of 2018 (“CCPA”). The new law is the most comprehensive data privacy statute in the United States and introduces significant privacy requirements for covered businesses. The CCPA takes effect on January 1, 2020, but based on comments from both the public-interest and business ...
California lawmakers wallop tech companies on privacy
June 28, 2018, Politico
Lindsey Tonsager is quoted in a Politico article regarding a bill passed by California lawmakers that imposes stricter consumer privacy rules on companies. Should the California law trigger other states to put their own restrictions on consumer privacy, industry lobbyists and advocates will likely look to Congress to create consistent standards, says Tonsager. ...
GDPR drives global privacy compliance now, but still unclear whether it will become de facto global standard, experts say
March 23, 2018, MLex
Lindsey Tonsager recently spoke at the BCLT Privacy Law Forum in Silicon Valley is quoted in an mLex article discussing whether GDPR will automatically become a global privacy standard. Tonsager said that working with companies that depend on AI technology to become compliant with the GDPR “is incredibly, incredibly challenging." Commenting on modifications to ...
January 24, 2018, Covington Alert
Digital advertising typically involves a vast network of publishers, advertisers and their agencies, advertising exchanges and networks, technology platforms, and measurement and data analytics providers. To help streamline the commercial dealings of all of these parties in this complex ecosystem, advertising industry self-regulatory groups have developed ...
What General Counsels Need to Know About Artificial Intelligence (AI)
January 16, 2018, NRF General Counsels Forum
January 8, 2018, Covington Advisory
In late December, the Federal Trade Commission (“FTC”) released a Staff Report titled Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising. This Report is the most recent sign of the FTC’s continuing interest in native advertising and effective online disclosures. This study builds upon the ...
December 5, 2017, Covington Digital Health
In the third installment of our series, Covington’s global cross-practice Digital Health team considers some additional key questions about Artificial Intelligence (AI), data privacy, and cybersecurity that companies across the life sciences and technology sectors should be asking to address the regulatory and commercial pieces of the complex digital health ...
Is there a robot doctor in the house?
October 29, 2017, The Times
Lindsey Tonsager is quoted by The Times in an article regarding the use of artificial intelligence in healthcare. Commenting on how regulators are beginning to address some of the issues, Tonsager says, "The law hasn’t caught up with the technology. Nobody knows exactly who will be responsible.” “Some diseases disproportionately affect certain types of ...
Privacy and Data Security Issues Posed by Artificial Intelligence
October 17, 2017, Silicon Valley Association of General Counsel All Hands Meeting
Legal Implications of Artificial Intelligence
October 13, 2017, 6th Annual US-China IP Conference
September 26, 2017, Covington Digital Health
In the second of a three-part series, Covington’s global cross-practice Digital Health team considers some additional 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 Commercial Questions ...
September 22, 2017, The Recorder
Lindsey Tonsager is quoted by The Recorder in an article regarding the recent decision in a case brought by the FTC alleging that selling connected devices with known security weaknesses is an unfair and deceptive business practice. According to Tonsager, "Judge Donato's order should discourage the FTC from adopting a legal standard that would consider potential ...
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 ...
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 ...
Non-Traditional Work Arrangements: Opportunities and Challenges
April 25, 2017, In-House Benefits Counsel Network National Forum
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 ...
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
Creating a Compliant Third Party Monitoring Strategy for Websites with Younger Audiences
October 1, 2014, Children’s Advertising Review Unit Annual Conference
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
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
June 19, 2009, Covington E-Alert
January 6, 2009, Covington Advisory
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
- The Daily Journal, "Top Artificial Intelligence Lawyers” (2019)
- Legal 500 US, Cyber Law (including Data Protection and Privacy) (2016-2017) and Advertising and Marketing (2017)
- Northern California Super Lawyers, Communications and Media & Advertising "Rising Star" (2016-2019)
- Washington DC Super Lawyers, Communications "Rising Star" (2013-2015)
California Consumer Privacy Act (CCPA)
We are representing clients on California Consumer Privacy Act (CCPA) compliance, including in the legislative amendment and rulemaking proceedings associated with the CCPA and in developing working plans to come into compliance with the CCPA.