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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)

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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Tracking Kids Through Your App? Think Again.

June 15, 2020 | Blog | By Elana R. Safner

Klepto Cats and Dogs have been “stealing” children’s personal information without parental consent and using it for targeted advertising. Bad dog! Well, almost. HyperBeard, Inc., a developer of apps popular with children under 13 years old – including games like BunnyBuns, Chichens, MonkeyNauts, NomNoms, KleptoCats, and KleptoDogs – is in trouble with the FTC for alleged violations of the Children’s Online Privacy Protection Act Rule (“COPPA Rule”).  
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Read about FCC TRACED Act implementation related to establishing a consortium to trace suspected unlawful robocalls and rules to combat one-ring scam calls, plus TCPA statutory updates.
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Monthly TCPA Digest — May 2020

May 14, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Mintz’s May TCPA Digest covers the Supreme Court oral argument in Barr v. AAPC on the TCPA’s autodialer restriction and the FCC’s implementation of the TRACED Act.
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Monthly TCPA Digest — April 2020

April 16, 2020 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana Safner

Mintz’s April TCPA Digest covers a circuit split on what an Automatic Telephone Dialing System is under the TCPA and a petition at the FCC for a TCPA emergency exception for COVID-19 communications.
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TCPA Litigation Update — Circuit Split Deepens on What Constitutes an ATDS Under the TCPA

April 16, 2020 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana Safner

Read about a 2nd Circuit holding that equipment that merely stores and dials telephone numbers constitutes an ATDS and the 7th Circuit’s holding that a $280 million penalty against DISH for illegal telemarketing was insufficient.
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Read about a petition filed by financial institutions with the FCC seeking a ruling that TCPA’s emergency purposes exception applies to communications about the COVID-19 pandemic.
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K-12 schools, colleges, and universities around the country have shuttered their doors—most, for the rest of the academic school year—in response to the COVID-19 pandemic.  Educational institutions are in uncharted waters, but most are rising to the occasion to provide engaging and robust online curricula to keep students educated and entertained.
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COVID-19 Texts from Health Care Providers Legal Under TCPA, FCC Confirms

March 23, 2020 | | By Russell Fox, Elana R. Safner

This alert reviews a March 20 FCC declaratory ruling clarifying that COVID-19–related texts qualify as emergency exceptions under TCPA.
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This month’s digest reviews the FCC’s order mandating STIR/SHAKEN implementation by June 30, 2021 and provides insight on TCPA cases including Barr, which could invalidate the TCPA’s ATDS provisions.
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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.