The Anatomy of an FTC Data Security Lawsuit

The Federal Trade Commission (“FTC”) has described itself as “Your cop on the privacy beat” and a top federal regulator of consumer-facing data security practices.  An example of how the FTC asserts itself when it comes to data security and … Continue reading

Posted in Cyber Security, Data Breach, Data Protection, FTC, Government Regulations, Internet of Things, IoT, Personal Information, Privacy

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Senate Introduces The Data Care Act of 2018

On Wednesday, December 12, 2018, Senator Brian Schatz (D-HI), Ranking Member of the Communications, Technology, Innovation, and the Internet Subcommittee, introduced The Data Care Act of 2018. The bill, which is co-sponsored by 14 Senate Democrats, would establish numerous consumer … Continue reading

Posted in Data Protection, FTC, Privacy, Privacy Policy, State Privacy Laws, Uncategorized | Tagged , ,

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FCC Rejects FOIA Requests for Net Neutrality Comment Logs

On December 3, 2018, the Federal Communications Commission (“FCC”) denied reporters’ Freedom of Information Act (“FOIA”) requests for web server log comments on net neutrality that the reporters believed contained fraudulent comments. The web server logs for the docket include almost … Continue reading

Posted in FCC, Uncategorized

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Pennsylvania Supreme Court Rules that Employers Have an Affirmative Duty to Protect Workers’ Personal Data from Cybercriminals: Will Other States Follow?

In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular, on November 21, 2018, the court ruled in Dittman v. … Continue reading

Posted in Cyber Security, Data Breach, Data Protection, Uncategorized | Tagged , , , , ,

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What Does the New White House Cyber Strategy Do?

On September 20, 2018, the White House released its new National Cyber Strategy, which details a four-pillar national cybersecurity plan. In a letter to the American people preceding the 26-page plan, President Donald Trump writes that the plan’s release was … Continue reading

Posted in Cyber Security

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The Arizona Data Breach Law

All U.S states have laws about data security and what to do when there’s a data breach. Here is what’s in the Arizona law. Who The Law Applies To. The law applies to anyone who conducts business in Arizona and … Continue reading

Posted in Arizona, Data Breach, Data Protection, Government Regulations, State Privacy Laws

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What’s Unique About the California Consumer Privacy Act

The California Consumer Privacy Act of 2018 (“CCPA”) offers a new, very broad framework for data protection with increased obligations for businesses, and its reach is far and wide. It was passed in a whirlwind seven days. On the day it … Continue reading

Posted in California, Personal Information, Privacy, State Privacy Laws

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Has Your Computer Been Hijacked For Illicit Cryptocurrency Mining?

Another day, and another form of hacking comes to light.  On June 26, 2018, the United States Computer Emergency Readiness Team (US-CERT), an agency within the U.S. Department of Homeland Security, issued a security tip “Defending Against Illicit Cryptocurrency Mining … Continue reading

Posted in Blockchain, Cryptocurrency, Cryptojacking, Cryptomining, Cyber Security, DHS, Malware, US-CERT

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Data Security Update: 11th Circuit Vacates FTC Order Against LabMD

Earlier this month, in a much anticipated decision, the 11th U.S. Circuit Court of Appeals vacated the Federal Trade Commission’s (FTC) cease and desist order against LabMD, Inc.  A summary of the relevant factual background and the FTC’s cease and … Continue reading

Posted in Cyber Security, Data Protection, FTC, Government Regulations

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Supreme Court: Warrant Usually Required For Cell Tower Records to Track a Person’s Movements

On June 22, 2018, the United States Supreme Court ruled in a 5-4 decision that the government generally needs a search warrant to track a person’s location through cell phone location records.  The opinion, in Carpenter v. United States was … Continue reading

Posted in Digital Devices, Digital evidence, Electronic devices, Government Regulations, Law Enforcement, Personal Information, Privacy

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