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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

Events

Viewpoints

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TCPA Regulatory Update — Compliance Dates Established for Reassigned Numbers Database Reporting Requirements

February 18, 2021 | Article | By Russell Fox, Elana R. Safner, Jonathan P. Garvin

TCPA Regulatory Update — Compliance Dates Established for Reassigned Numbers Database Reporting Requirements
Read more
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TCPA Regulatory Update — Industry Shows Support for FCC Hospital Robocall Blocking Recommendations

February 18, 2021 | Article | By Russell Fox, Elana R. Safner, Jonathan P. Garvin

TCPA Regulatory Update — Industry Shows Support for FCC Hospital Robocall Blocking Recommendations
Read more
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Monthly TCPA Digest — February 2021

February 17, 2021 | Article | By Russell Fox, Joshua Briones, Elana R. Safner, Jonathan P. Garvin, Matthew Novian

The February TCPA Digest discusses industry input on facilitating adoption of best practices for combatting illegal robocalls in hospitals, a compliance date for voice service providers regarding the Reassigned Numbers Database, and efforts by attorneys general to reverse a ruling that TCPA violations occurring between 2015 and July 2020 are unenforceable because the TCPA law was then unconstitutional.
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Ending 2020, the Federal Communications Commission (“FCC” or “Commission”) raced to implement several of the Congressionally imposed TRACED Act (“Act”) deadlines to combat illegal robocalls.
Read more
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Monthly TCPA Digest — January 2021

January 25, 2021 | Article | By Russell Fox, Joshua Briones, Elana R. Safner, Jonathan P. Garvin, Nicole Ozeran

Our January TCPA Digest covers the FCC’s implementation of several steps to combat illegal robocalls and comply with TRACED Act deadlines as well as a circuit split that has developed since Creasy, in which the court ruled it lacked authority to enforce the TCPA.
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Monthly TCPA Digest — December 2020

December 16, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Mintz’s December TCPA Digest covers the oral argument in the Supreme Court’s Facebook, Inc. v. Duguid case about the TCPA’s definition of an ATDS and TCPA-related activity at the FCC, including its Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers.
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Read about the FCC’s Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers and its proposal to establish a web portal to collect info about robocalls.
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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
Read more
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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.
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.

Events

Panelist
Dec
16
2020

Privacy Implications and Best Practices for Drone Operators

InterDrone Conference and Exposition 2020

Online

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