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Elana R. Safner

Associate

[email protected]

+1.202.434.7346

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Elana advises clients on public policy, regulatory issues, and disputes affecting the TechComm sector, as well as privacy and cybersecurity matters. She also has experience with Federal Communications Commission (FCC) procedures and rulemakings.

She has a Certified Information Privacy Professional (CIPP) (US Specialization) certification from the International Association of Privacy Professionals.

Prior to joining Mintz, Elana worked as an associate in the DC office of an international law firm, where she advocated on behalf of her clients spanning a wide variety of industries and issues, including telecommunications, privacy, cybersecurity, and autonomous vehicles. Elana has also presented and published on the topic of legal issues facing artificial intelligence.

While in law school, Elana served as a fellow and intern with the Policy Division of the Federal Communications Commission’s Media Bureau and worked as a student attorney in the Community Enterprise Clinic. She was also chief executive editor of the Duke Law & Technology Review and articles editor for the school’s Law & Contemporary Problems journal. Elana won the North Carolina statewide Kilpatrick Townsend Mock Trial Competition as well as the Duke Law Twiggs Beskind Cup.

Before law school, Elana served as an intern with the Baptist Joint Committee for Religious Liberty, where she researched and developed positions on establishment clause issues for amicus briefs and publications. She was also an intern for US Representative Diana DeGette of Colorado.

Education

  • Duke University (JD, cum laude)
  • University of Miami (BS, magna cum laude)

Experience

FCC Regulation

  • Counsel cable operators and utilities on TCPA regulation and reform to ensure marketing and informational campaigns are compliant with FCC requirements.
  • Advise and advocate for numerous clients on the use and allocation of spectrum related to the Internet of Things (IoT) and commercial mobile service.

Recognition & Awards

  • Honors, 2019 Capital Pro Bono Honor Roll

Involvement

  • Member, Federal Communications Bar Association
  • Member, International Association of Privacy Professionals
  • Fellow, Internet Law and Policy Foundry
  • Pro Bono General Counsel, The Arthur C. Clarke Foundation
  • Member, Junior League of Washington
  • Board Member, Univeristy of Miami Alumni Association for Washington, DC (DC Canes) (2018 - 2019)
  • Intern Engagement Committee Member, Baptist Joint Committee for Religious Liberty

Languages

- Russian

Recent Insights

News & Press

Viewpoints

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Monthly TCPA Digest — November 2020

November 13, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

This issue covers Johnson v. NPAS Sols., LLC, a class action in which the 11th Circuit invalidated the use of incentive awards for named plaintiffs, a decision that could discourage the filing of TCPA class actions nationwide. The newsletter also provides early implementers with tips on filing for voluntary STIR/SHAKEN implementation exemptions.
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TCPA Regulatory Update — FCC Releases Public Notice on Filing for Voluntary STIR/SHAKEN Implementation Exemptions for Early Implementers & Reviews Comments on Section 8 of the TRACED Act
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Read about the FCC’s ongoing implementation of the TRACED Act aimed at reducing robocalls, including a proposed rulemaking process seeking comment on TCPA exceptions.
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Monthly TCPA Digest — October 2020

October 20, 2020 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana R. Safner

Mintz’s October TCPA Digest covers Creasy v. Charter Communications, Inc., a federal district court ruling that deems autodialed calls and text messages made during the past five years unconstitutional under the TCPA, and recent TCPA-related activity at the FCC.
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Read about the FCC’s draft order implementing STIR/SHAKEN that would establish extension deadlines and require certification in a commission database.
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Monthly TCPA Digest — September 2020

September 18, 2020 | Article | By Russell Fox, Joshua Briones, Elana R. Safner, Nicole Ozeran

Mintz’s September TCPA Digest covers the FCC’s draft order implementing STIR/SHAKEN and briefing in the Facebook, Inc. v. Duguid US Supreme Court case about the definition of an automatic telephone dialing system under the TCPA.
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Monthly TCPA Digest — August 2020

August 18, 2020 | Article | By Joshua Briones, Russell Fox, Kara M. Cormier, Elana R. Safner

Mintz’s August TCPA Digest covers the 6th Circuit's holding on the definition of an ATDS under the TCPA and the FCC’s clarification of its ruling that TCPA’s emergency purposes exception applies to communications about COVID-19.
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Read about a clarification of the FCC’s ruling that that TCPA’s emergency purposes exception applies to communications about the COVID-19 pandemic and a petition seeking reconsideration of the P2P Alliance ruling.
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Monthly TCPA Digest — July 2020

July 27, 2020 | Article | By Joshua Briones, Russell Fox, Esteban Morales, Elana R. Safner

The newsletter covers a notable TCPA fax litigation ruling and the FCC’s adoption of two safe harbors protecting voice service providers from liability when they take reasonable measures to block unwanted robocalls
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The newsletter covers a notable TCPA fax litigation ruling and the FCC’s adoption of two safe harbors protecting voice service providers from liability when they take reasonable measures to block unwanted robocalls
Read more

News & Press

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Mintz Member and Chair of the firm’s Privacy & Cybersecurity Practice Cynthia Larose, Of Counsel Laura Stefani, and Associates Jonathan Markman and Elana Safner co-authored this guest post published by Dronelife that addressed how the California Consumer Privacy Act might affect drone operators in the state. The article also provided action items for surveillance and drone companies as they prepare for CCPA implementation.