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The Obama Administration’s Personal Data Notification & Protection Act: An Analysis

On January 12, 2015, President Obama proposed the Personal Data Notification & Protection Act, which would create a federal standard for data breach notification. The proposed bill is part of a more wide-ranging effort by the...more

President Promotes Cybersecurity in State of the Union Address

Highlighting the importance of cybersecurity in a time of data breaches and cyber attacks that have compromised our national security, privacy, economy, and businesses, President Obama incorporated cybersecurity issues in his...more

President Obama Acknowledges Growing Cybersecurity Threats to the Government and Economy, Proposes New Measures to Fight Cyber...

Just days after news broke that ISIS hackers forced the shutdown of the U.S. Central Command’s Twitter account, President Obama met with congressional leadership, members of the Federal Trade Commission and the Department of...more

The Cyber Security State of the Union: Obama Commits “to Protect a Free and Open Internet”

In last week’s State of the Union address, President Barack Obama continued his ongoing push for nationwide privacy legislation to “better meet the evolving threat of cyber-attacks, combat identity theft, and protect our...more

Proposed Personal Data Notification & Protection Act

Leading up to his State of the Union address last week, President Obama proposed a number of federal legislative goals intended to provide a uniform standard as to how data breaches and other related incidents would be...more

White House Proposes Expansive Data Breach Notification Bill

Last week, President Obama proposed wide-reaching legislation to establish a uniform, nationwide standard for data breach notifications that envisions a significant enforcement role for the Consumer Financial Protection...more

Cybersecurity: The Obama Administration Proposes Legislation - Proposals Would Standardize Breach Notification Requirements,...

On January 13, 2015, in response to the continuing onslaught of cyber attacks, including the recent cybersecurity attack and data loss at Sony Pictures Entertainment, the Obama Administration sent to Congress three...more

President Obama Unveils Plans About Cybersecurity

Written by Sydney White President Obama made a series of announcements on cybersecurity, data security, and privacy that will be incorporated into his State of the Union address tonight.  In conjunction with the...more

President Obama’s Security Breach Notification Bill Needs Work

The White House recently released The Personal Data Notification & Protection Act as part of an extensive proposal to safeguard data and improve cyber security. The proposal was released in a preview of the State of the Union...more

White House Proposes National Data Breach Notification Standard

This has been a big week for cybersecurity announcements from Washington. In what the White House has called a series of “SOTU Spoilers,” President Obama announced his intention to follow through on some of the...more

Privacy & Cybersecurity Update - January 2015: President Announces Cybersecurity Legislative and Regulatory Proposals

On January 12 and 13, in speeches at the Federal Trade Commission (FTC) and the National Cybersecurity and Communications Integration Center (NCCIC), President Barack Obama announced several initiatives to enhance online...more

Blog: Obama Advocates Federal Breach Reporting Law

On January 12, 2015, President Obama delivered a speech at the Federal Trade Commission during which he set forth several proposals, including the Personal Data Notification and Protection Act (the “Act”). ...more

White House Proposes Series of New Cybersecurity Laws and Initiatives

“If we’re going to be connected, we’ve got to be protected.” With those words President Barack Obama unveiled new consumer privacy legislation and new cybersecurity and privacy partnerships between the federal government and...more

President Obama Proposes Legislation Requiring Businesses to Notify Customers of Data Security Breaches Within 30 Days

In a speech given before the Federal Trade Commission (FTC) on Monday, January 12, President Obama proposed federal legislation that would impose a nationwide standard on companies that experience a data security breach. The...more

ALJ Denies LabMD’s Motion for Sanctions Against the FTC

Although the litigation between LabMD and the Federal Trade Commission (FTC) continues in the Eleventh Circuit, an administrative law judge has resolved one battle between the two entities. Chief Administrative Law Judge D....more

Congress Putting Microscope on FTC Enforcement

On July 24, 2014, the House Committee on Oversight and Government Reform held a hearing entitled, "The Federal Trade Commission and Its Section 5 Authority: Prosecutor, Judge and Jury." The purpose of the hearing was to...more

Weight Loss Claims and Dr. Oz Gain Congressional Interest

We’ve all heard the statistics showing obesity rates rising in the U.S. year after year. Most of us are well aware of the billion dollar diet and weight-loss supplement industry to which millions turn with the hope of finding...more

Update on Anti-Patent-Troll Laws

Yesterday draft “anti-patent-troll” legislation was put forward in Washington. This is part of a ground swell of opposition to illegitimate patent demand letters from so-called patent assertion entities (PAEs), or “patent...more

Congressional Committees Review Data Breaches, Potential Federal Responses

This week, several congressional committees held hearings to review recent data security breaches and related consumer privacy issues, particularly those related to consumer financial data and payment systems. Generally, the...more

Restarting the Federal Data Privacy Law Engine

The recent data security breaches at Target, Niemen Marcus, and a few other retailers has been a catalyst to Congress restarting talks about a federal data privacy law. Currently, there are pending bills in both the House and...more

Industry, Members of Congress Take Action on FTC Process

As the Federal Trade Commission (“FTC”) continues to flex its consumer protection muscles by bringing numerous administrative lawsuits, industry and members of Congress are questioning whether there is a level playing field...more

Senators Challenge CFPB On Indirect Auto Finance Guidance

On October 30, a bipartisan group of 22 Senators sent a letter to the CFPB raising concerns about CFPB guidance affecting the indirect auto financing market and auto dealers’ ability to negotiate retail margins with...more

Democratic Senator wants more regulation of auto dealers

Democratic Senator Edward Markey wants the FTC to take a more active role in policing auto dealer sales practices. Because Dodd-Frank bars the CFPB from directly regulating auto dealers, the CFPB has targeted the fair lending...more

CFPB open during shutdown; FTC closed

Because the CFPB is not subject to the appropriations process, it remains open during the federal government shutdown. For the same reason, the Federal Reserve, the FDIC, and the OCC also remain open....more

Wow! Government Amends Red Flags Rule to Make it Narrower

Congress, FTC Restrict Definition of “Creditors” who must Adopt a Formal Plan to Prevent, Detect ID Theft In journalism, the adage goes, “man bites dog” is news. The regulatory equivalent should be “government amends...more

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