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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 – November 2018

November 19, 2018| Article

This TCPA Digest covers the Supreme Court’s decision to hear the PDR Network, LLC v. Carlton & Harris Chiropractic case and provides news from the FCC, including a notice to voice providers that action will be taken if the industry-led call authentication system doesn’t materialize soon.
Viewpoint

TCPA Regulatory Update – November 2018

November 19, 2018| Article

Deploy Call Authentication Technology by 2019 or Else, FCC Tells Voice Providers; FCC Eliminates 2006 Solicited Fax Rule; FCC Reviews Comments on IHS Markit Petition for Emergency Declaratory Ruling; FCC Continues to Review Comments, Meet with Stakeholders, and Analyze Implications of Marks v. Crunch
Viewpoint
Recently, the Federal Trade Commission (“FTC”) announced that it has finalized its expanded settlement with ride-haling giant, Uber Technologies, Inc. (“Uber”) related to two major data breach incidents. The initial breach occurred in 2014 and led to an FTC investigation into Uber’s data storage practices for rider and driver data.
Viewpoint
Read about recent TCPA cases and FCC comment periods on automatic telephone dialing systems, call blocking technologies, and a proposed emergency use exemption to the TCPA.
Viewpoint
Comments are due in a number of important TCPA proceedings in October. In response to a major decision out of the Ninth Circuit last month, which further entrenched a circuit split regarding interpretations of the definition of an automatic telephone dialing system (“ATDS”), the FCC released a Public Notice seeking comment on that definition. Additionally, the FCC is currently reviewing and evaluating comments on provider-initiated call blocking technologies and other technological solutions to the problem of unwanted and illegal robocalls. Finally, the FCC released a Public Notice seeking comment on motor vehicle recalls and the emergency purposes exemption to the TCPA’s prior consent requirement. While no major orders addressing components of the TCPA have been released, it is clear that the FCC is teeing up possible revisions to its TCPA rules to reflect recent court decisions.
Viewpoint
Late last week the White House released its National Cyber Strategy, setting forth its approach to protecting U.S. critical infrastructure from global cyber threats.
Viewpoint
In this issue, we look at industry comments on the FCC’s report on robocalling and efforts to urge the agency to reconsider its reassigned numbers database proposal. In addition, we examine a recent circuit split on what constitutes an automatic telephone dialing system (ATDS) in the Third and Ninth Circuits and what that means for TCPA defendants. The split follows the D.C. Circuit’s May 2018 decision in ACA International v. Federal Communications Commission, which set aside the FCC’s “unreasonably expansive interpretation” of what constitutes an automatic telephone dialing system.

Viewpoint
It has been a quiet month for TCPA-related business at the Federal Communications Commission (“FCC”), with no major Commission releases addressing the TCPA. The Commission is busy reviewing comments on a number of Petitions on Public Notices, and comments on its Additional Call Blocking Methods Public Notice (reported in our August TCPA Update) are due later this month.
This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.

This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.