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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

  • 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.

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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Monthly TCPA Digest – February 2020

February 20, 2020 | Article | By Joshua Briones, Russell Fox, Nicole Ozeran, Elana R. Safner

This newsletter covers recent TCPA appellate decisions by the 7th and 11th Circuit Courts and provides an update on the industry’s progress on call blocking.
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Voice Service Providers, FCC in Thick of SHAKEN/STIR Implementation; Comments Sought on Reassigned Numbers Database Tech Requirements
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Privacy & Thumbnail Viewpoints Thumbnail
In this post, we offer insights on the revisions recently made by the California Attorney General’s office to Article 5 of its draft regulations pertaining to special rules regarding minors. Article 5 imposes special requirements on businesses that sell the personal information of children and minors.  We previously reported on this part of the draft regulations.
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Monthly TCPA Digest – January 2020

January 14, 2020 | Article | By Joshua Briones, Russell Fox, Esteban Morales, Natalie Prescott, Elana R. Safner

Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
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TCPA Litigation Update — Breaking: U.S. Supreme Court Agrees to Decide Whether TCPA Exception Is Unconstitutional

January 14, 2020 | Article | By Joshua Briones, Natalie Prescott, Esteban Morales, Elana R. Safner

Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
Read more
Technology, Communications & Media Thumbnail

TCPA Legislative Update — President Signs Pallone-Thune TRACED Act into Law

January 14, 2020 | Article | By Russell Fox, Elana R. Safner

Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
Read more
Technology, Communications & Media Thumbnail
Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
Read more
Viewpoint Thumbnail

Monthly TCPA Digest – December 2019

December 12, 2019 | Article | By Joshua Briones, Russell Fox, Christian Tamotsu Fjeld, Elana R. Safner

Mintz’s December TCPA Digest covers consensus robocall legislation passed by the House of Representatives, recent TCPA-related orders from the FCC, and court decisions allowing fraud claims to proceed against serial TCPA plaintiffs.
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Read about the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, consensus robocall legislation that passed in the House of Representative by a vote of 417-3.
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TCPA Regulatory Update — FCC Wakes from TCPA Hibernation with Orders Granting Two Petitions

December 12, 2019 | Article | By Russell Fox, Elana R. Safner

Read about TCPA-related orders from the FCC authorizing a company to use its d/b/a name in voice messages and clarifying that an online fax service falls is not a “telephone facsimile machine."
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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.