• On January 7, 2011, the Supreme Court agreed to hear a case that is likely to have a significant impact on the regulation of online privacy. Pharmaceutical and data-mining companies are challenging a Vermont statute that prohibits the selling of prescription information on the ground that the regulation infringes their First Amendment right to freedom of speech. Although the case does not specifically address information gleaned from online services, if the Supreme Court were to hold that this privacy statute violates the First Amendment, efforts to control the collection and sale of information gathered online may be at risk on similar grounds. Sorrell v. IMS Health Inc., Case No. 10-779 (docketed Dec. 13, 2010).
  • On January 7, 2011, U.S. Commerce Secretary Gary Locke and White House Cybersecurity Coordinator Howard A. Schmidt announced plans to create a National Program Office (NPO) to help foster an environment in which sensitive online transactions can be carried out with greater levels of security and trust. The NPO will be responsible for coordinating federal activities needed to implement the National Strategy for Trusted Identities in Cyberspace (NSTIC), an initiative for improving the ability to authenticate individuals, organizations, and the underlying infrastructure, such as servers and routers, involved in sensitive online transactions. The Obama Administration thus far has asserted that participation in NSTIC will be voluntary. Additional details on the initiative are expected to be released in the coming months. A copy of the NPO press release can be found here.