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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 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

Languages

- Russian

Viewpoints

Viewpoint

Monthly TCPA Digest – April 2019

April 17, 2019 | Article | By Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Elana R. Safner

This TCPA Digest covers comments on FCC proposals to modify the Truth in Caller ID rules, how the TCPA could impact the 2020 Census, and congressional hearings and legislation about robocalls.
Viewpoint

TCPA Regulatory Update: FCC on NPRMs and Petitions; the 2020 Census

April 17, 2019 | Article | By Russell Fox, Elana R. Safner

The FCC continues to review comments and meet with parties in a variety of TCPA-related proceedings, but the agency did not vote on any TCPA items at the Commission’s April open meeting.
Viewpoint

The Phantom Menace: Office Depot Settles with FTC Over Fake Virus Scans

April 12, 2019 | Blog | By Cynthia Larose, Elana Safner

Office Depot and its tech support provider, Support.com, proved to be anything but “supportive” after allegedly providing false malware scan results and conning customers into paying for repairs and technical services that, in many cases, they did not need.
Viewpoint

Monthly TCPA Digest – March 2019

March 20, 2019 | Article | By Alexander Hecht, Jennifer Lynn Kelly, Joshua Briones, Anne-Marie Dao, Russell Fox, Radhika Bhat, Elana R. Safner

This month we consider who qualifies as a “sender” under the Junk Faxes Rule, provide an update on the HANGUP and TRACED bills, and review a Whole Foods case that asks whether the Bristol-Meyers ruling applies to class actions.
Viewpoint

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?

March 20, 2019 | Article | By Russell Fox, Radhika Bhat, Elana Safner

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?
Viewpoint

Musical.ly’s COPPA Failure Falls Flat at the FTC; Will Pay Note-Worthy Fine

March 6, 2019 | Blog | By Cynthia Larose, Elana Safner

The Federal Trade Commission (“FTC”) has handed down its largest civil penalty ever for violations of the Children’s Online Privacy Protection Act (“COPPA”). Musical.ly, now known as TikTok after a 2018 merger, agreed to a fine of $5.7 million for its violations. The settlement was significant not only because of its record amount, but also because it includes a specific agreement on how the website will operate going forward.
Viewpoint

Monthly TCPA Digest – February 2019

February 25, 2019 | Article | By Joshua Briones, Alexander Hecht, Jennifer Lynn Kelly, Elana R. Safner, Radhika Bhat, Russell Fox

This issue covers the FCC’s adoption of a proposal to extend anti-spoofing rules to calls originating outside the US, the continued push for call authentication and blocking, and renewed efforts to pass the Stopping Bad Robocalls Act.
Viewpoint

TCPA Regulatory Update - February 2019

February 25, 2019 | Article | By Russell Fox, Radhika Bhat, Elana R. Safner

This issue covers the FCC’s adoption of a proposal to extend anti-spoofing rules to calls originating outside the US, the continued push for call authentication and blocking, and renewed efforts to pass the Stopping Bad Robocalls Act.
Viewpoint

No Harm, Still a Foul: Illinois Supreme Court Rules on the Collection of Biometric Data

January 29, 2019 | Blog | By Cynthia Larose, Elana R. Safner

Leaving its fingerprints all over the privacy debate, the Illinois Supreme Court handed down a ruling that will significantly impact litigation under the state’s unique Biometric Information Privacy Act (“BIPA” or “Act”), creating a potential boon for plaintiffs. In its January 25 opinion in Stacy Rosenbach v. Six Flags Entertainment Corp., the court unanimously sided with the plaintiff, ruling that actual harm is not a requirement to establish standing under BIPA.
Viewpoint

Monthly TCPA Digest – January 2019

January 16, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Radhika Bhat, Anne-Marie Dao, Elana R. Safner, Jennifer Lynn Kelly, Crystal Lopez, Esteban Morales, Nicole Ozeran, Natalie Prescott

This TCPA Digest covers an FCC petition on how the TCPA defines telemarketing and dual purpose and an Eighth Circuit holding for an insurance carrier based on record-keeping.