Skip to main content

Elana R. Safner

Associate

[email protected]

+1.202.434.7346

Share:

Elana advises clients on public policy, regulatory issues, and disputes affecting the communications 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

  • Conducted syndicated exclusivity and non-duplication programming reviews for cable companies.
  • Drafted successful brief for intervenor, Charter Communications, Inc. in channel positioning dispute against the FCC in the D.C. Circuit Court of Appeals.

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.

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

Viewpoints

Viewpoint General

Monthly TCPA Digest – November 2019

November 11, 2019 | Article | By Joshua Briones, Russell Fox, Esteban Morales, Elana R. Safner

Mintz’s November TCPA Digest covers Capital One’s Petition for Declaratory Ruling as well as the influence of the Ninth Circuit’s Marks ruling on recent TCPA decisions.
Viewpoint General
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month, in addition to covering the FCC’s continuing work to review comments submitted on past petitions and discussions with stakeholders regarding ongoing TCPA proceedings, we report on a new Petition for Declaratory Ruling, filed by Capital One, which asks if the company may use a confirmation text to clarify the scope of a recipient’s opt-out request. The FCC’s response to this question will interest many businesses that use text messages to reach out to their customers.
Viewpoint
The California Attorney General’s CCPA draft regulations impose additional requirements for collection of data from children under 13 on top of those imposed by the federal Children’s Online Privacy Protection Act (COPPA), and also create additional requirements for minors between the ages of 13 and 16. Businesses will need to have reasonable processes in place to ensure that the person providing consent for the sale of a child’s data on his or her behalf is actually their parent or legal guardian. Minors must also be able to opt in, and later, opt out, of the sale of their PI. Businesses should include these practices in their privacy policies.   
Viewpoint General
FCC Releases Public Notice on Soundboard Technology and List of Recommendations on Robocall Blocking
Viewpoint

Analysis of Attorney General Regulations to the California Consumer Privacy Act – A Series

October 15, 2019 | Blog | By Christopher Buontempo, Brian Lam, Cynthia Larose, Natalie Prescott, Elana Safner

The California Attorney General’s office (CA AG) has published the long-awaited implementing regulations to the California Consumer Privacy Act (CCPA).  In addition to the regulations, the CA AG also released a Notice of Proposed Rulemaking and Initial Statement of Reasons  to support the draft regulations. The CA AG will hold a series of public hearings as outlined in the Notice of Proposed Regulations, and will be accepting written comments from the public on the regulations until 5:00 PM PST on December 6, 2019. 
Viewpoint General

Monthly TCPA Digest – October 2019

October 15, 2019 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

This month’s newsletter from Mintz’s TCPA & Consumer Calling Practice delivers insight on California’s Consumer Call Protection Act and TCPA-related activity at the FCC.
Viewpoint General
FCC Reviews Reply Comments on Opt-Out Call-Blacking, Attorneys General and Carriers Join Forces to Fight Robocalls
Viewpoint General

Monthly TCPA Digest – September 2019

September 18, 2019 | Article

This issue covers recent TCPA-related activity at the FCC, a new partnership between attorneys general and major phone carriers, and the 11th Circuit’s Salcedo decision.
Viewpoint General
Spurred by the rapid evolution of technology, the Federal Trade Commission (“FTC” or “Commission”) decided unanimously to begin a review of the Children’s Online Privacy Protection Act (“COPPA”) Rule. The review could upend compliance plans for many businesses with a digital footprint.
Viewpoint General
The FCC unanimously adopted revised anti-spoofing rules, implementing part of the RAY BAUM’s Act, at its August meeting. The Second Report and Order extends the FCC’s Truth in Caller ID rules to encompass malicious spoofing activities originating outside the U.S. that are directed at consumers within the U.S. It also expands the scope of communications covered by the Truth in Caller ID rules beyond telecommunications services and interconnected voice over Internet Protocol (“VoIP”) services to include text messaging and alternative voice services, such as one-way VoIP services.