The Federal Communications Commission ("FCC" or "Commission") has released its long-awaited Notice of Proposed Rulemaking ("NPRM") proposing to revise data breach reporting requirements for telecommunications carriers and...more
On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more
11/11/2016
/ Breach Notification Rule ,
Broadband ,
Communications Act of 1934 ,
Customer Proprietary Network Information (CPNI) ,
Data Breach ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Personally Identifiable Information ,
Preemption ,
Section 222 ,
Telecommunications
Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more
4/21/2016
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Encryption ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Incident Response Plans ,
New Legislation ,
Notification Requirements ,
Personally Identifiable Information ,
Safe Harbors
In the first ruling rebuking the Federal Trade Commission’s cybersecurity enforcement efforts, the FTC’s head administrative law judge dismissed the FTC’s complaint against LabMD, Inc., on November 13, stating that...more
As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY)...more
9/11/2015
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Deflategate ,
Enforcement Actions ,
Federal Arbitration Act ,
Federal Trade Commission (FTC) ,
FTC v Wyndham ,
Hackers ,
New England Patriots ,
NFL ,
Tom Brady ,
Work Suspensions ,
Wyndham
In early September, Home Depot announced that it had suffered a severe security incident, which resulted in a massive data breach that exposed the payment card information of Home Depot customers across the United States and...more