Gerald Ferguson

Gerald Ferguson

BakerHostetler

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The BakerHostetler Data Security Incident Response Report 2015

The rate of disclosures of security incidents in 2015 continues at a pace that caused many to call 2013 and then 2014 “the year of the breach.” Most incidents are described publicly with attention-grabbing terms such as...more

5/13/2015 - Annual Reports Best Management Practices Cybersecurity Data Breach Data Protection Risk Assessment Risk Mitigation

Obama Administration Recognizes Cyber Threats to U.S. Critical Infrastructure as a National Emergency

Many cybersecurity experts have warned that the United States is already engaged in covert cyber warfare against hostile actors around the world. The latest cybersecurity Executive Order reflects formal recognition that,...more

4/8/2015 - Barack Obama Blocked Person Critical Infrastructure Sectors Cyber Threats Cybersecurity Emergency Response Executive Orders National Security

Are You Ready For the Canadian Spam Legislation?

The majority of the Canadian Spam Legislation (CASL) comes into force today—July 1, 2014. This includes Section 6, which relates to the sending of commercial electronic messages (CEMs). Starting today, businesses must obtain...more

7/3/2014 - Anti-Spam Legislation Canada CASL Commercial Electronic Messages Consent

So, You Want to Share Your Technical Cyber Threat Information with Your Neighbors?

Echoing guidance previously given to a nonprofit organization looking to exchange certain cybersecurity information, including exchanging actual real-time cyber threat and attack information, and others planning to exchange...more

4/21/2014 - Antitrust Provisions Cybersecurity DOJ FTC Information Sharing

FTC Says That Sponsors of Pinterest Contests Should Require Users to Post Pins with Hashtags Warning When Pins are Posted for a...

In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material...more

4/3/2014 - Contests & Promotions FTC Pinterest Prizes

Financial Institutions Privacy and Security – 2013 Year in Review

Throughout 2013, financial institutions continued to face serious threats from cybercriminals targeting the personal information of banking customers and their financial assets through the use of malicious software and denial...more

1/8/2014 - Banks Cyber Attacks Cybersecurity Data Breach Data Protection Distributed Denial of Service

New DoD Rule Promotes Voluntary Sharing of Cyber-Security Threat Information Between DoD and Defense Contractors

On October 22, 2013, the Department of Defense (DoD) published its Final Rule establishing a program for promoting voluntary sharing of cyber threat information between the DoD and government contractors. The DoD intends this...more

11/1/2013 - Cybersecurity Defense Contracts DOD Information Sharing

Proposed Amendment to EU Privacy Regulations May Force Choice Between Violating US and EU Law

On Monday, October 21, 2013, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted to approve an amended version of the proposed EU General Data Protection Regulations. Included in the...more

10/24/2013 - Cybersecurity Data Protection EU EU Data Protection Laws Internet LIBE NSA Penalties Websites

Are You Ready for the New Telephone and Text Marketing Rules?

Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA)...more

10/3/2013 - Advertising Consent FCC Marketing Mobile Devices Robocalling TCPA Texting

What You Should Be Doing Now to Prepare for Implementation of the Cybersecurity Executive Order

A tempting response to the Cybersecurity Executive Order (the "Order"), announced by President Obama at his State of the Union address, is to ignore it. It is vague in key particulars, such as which companies are part of the...more

2/25/2013 - Critical Infrastructure Sectors Cybersecurity DHS Executive Orders Information Sharing Infrastructure NIST Security Audits Voluntary Standards

Facebook Opens Door to Giving Your Personal Information to an Affiliated Ad Agency

Give Facebook credit for candor. Facebook does not call the policy describing what it does with your personal information a “privacy policy”, but rather a “Data Use Policy”. The nomenclature is appropriate. The Facebook Data...more

11/26/2012 - Advertising Facebook

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