Category: Cybersecurity

October 4, 2017

Customer Data Collection: GDPR Changes Everything.

Beginning on May 25, 2018, companies which process the personal data of European Union residents will be expected to comply with the General Data Protection Regulation, or GDPR. Even companies located in the United States are subject to this regulation, and violating its terms may result in class actions and hefty fines. If your company… Read More

January 4, 2017

Can Your Pacemaker Be Hacked?

Tom Kellermann, CEO of Strategic Cyber Ventures guest co-authored this post. A famous Homeland episode involved a terrorist gaining access to the Vice-President’s pacemaker.  Accessing medical devices to wreak havoc was one of the motivations behind certain provisions of the Digital Millennium Copyright Act (aka the DMCA).  The DMCA makes it “illegal to circumvent technological… Read More

November 10, 2016

How The FTC Guides Businesses Through Data Breaches

The Federal Trade Commission (“FTC”) recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach.  The FTC also provides a model data breach letter to notify individuals of a breach.  The agency – which views itself as the nation’s primary… Read More

May 19, 2016

Data Breach Lawsuits: Challenges Persist After Spokeo v. Robins

Data breaches are as common as the common cold—unfortunately, just as incurable. Run a news search on “data breaches” and you’ll find that all kinds of institutions—major retailers, tech companies, universities, even government agencies—have been vulnerable at some point. Now run a search on “data breaches,” but include the word “lawsuit.” You’ll find that many… Read More

April 20, 2016

Judge Flunks Case Against LabMD, FTC Appeals

In March 2015, I wrote about the ongoing dispute between the FTC and LabMD, an Atlanta-based cancer screening laboratory, and looked at whether the FTC has the authority to take enforcement action over data-security practices alleged to be insufficient and therefore “unfair” under section 5(n) of the Federal Trade Commission Act (“FTCA”). On November 13,… Read More

July 9, 2015

State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”

  Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information, including social security numbers, job history, pay, race, and benefits. Amid a host of other public relations issues, the Trump organization recently discovered a potential… Read More

March 6, 2015

Why the FTC Can Go After Companies For Insufficient Data Security Allegations

  FTC seems more confident than ever in its authority to go after companies with insufficient data security measures. As of January 2015, FTC had settled 53 data-security enforcement actions, and FTC Senior Attorney Lesley Fair expects that number to increase. Not everyone is sanguine about FTC’s enforcement efforts. Companies targeted for administrative action complain… Read More

March 2, 2015

The Federal Wiretap Act and the Law of Unintended Consequences

  The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent efforts by class action counsel to rely upon the Federal Wiretap Act in lawsuits arising from… Read More

January 28, 2015

International Data Privacy Day: Our Top 10 Data Privacy Tips

It’s International Data Privacy Day!  Every year on January 28, the United States, Canada and 27 countries of the European Union celebrate Data Privacy Day.  This day is designed to raise awareness of and generate discussion about data privacy rights and practices.  Indeed, each day new reports surface about serious data breaches, data practice concerns,… Read More

January 20, 2015

The World Wide Tax Web: FATCA Data Sharing Goes Online

The IRS has unveiled a secure web application, the International Data Exchange Service (IDES), for cross-border data sharing. IDES will allow Foreign Financial Institutions (FFIs) and tax authorities from other countries to transmit financial data on U.S. taxpayers’ accounts, via an encrypted pathway, to the IRS. The tool is part of the IRS’s effort to… Read More

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