Consumer Protection Elections & Politics Privacy

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Judicial Redress Act passes the House with the Senate Amendments

The amended Judicial Redress Act has passed the House and is on its way to the president to be signed into law. The Act, which we covered in an earlier blog post, gives citizens of foreign countries the same rights as US...more

Amended version of Judicial Redress Act passes the Senate; now goes back to the House

The US Senate passed the amended version of the Judicial Redress Act on February 9. The amendments, which tie the Umbrella Agreement to Safe Harbor 2.0 (now dubbed the US-EU “Privacy Shield”), now go back to the House for...more

U.S. Regulators Disagree On Government Access To Encrypted Information

On January 25, 2016, at the State of the Net Internet Policy Conference in Washington, D.C., Assistant Attorney General Leslie Caldwell from the Department of Justice and Commissioner Terrell McSweeny from the Federal Trade...more

Judicial Redress Act Would Extend Privacy Act Remedies to Citizens of Designated Foreign Nations

The pending legislation would authorize the US Department of Justice to designate foreign countries to allow the citizens of such countries to bring civil actions against certain US agencies to access, amend, or redress...more

The Cybersecurity Act of 2015: Implications for Threat Sharing

On December 18, 2015, President Obama signed the Cybersecurity Act of 2015 (The “Act”), legislation designed to combat online threats to the federal government, state and local governments, and private entities. Within the...more

Legal Developments in Connected Car Arena Provide Glimpse of Privacy and Data Security Regulation in Internet of Things

With the holiday season in the rear view, automobiles equipped with the newest technology connecting carmakers with their vehicles, vehicles with the world around them, and drivers with the consumer marketplace – Connected...more

New Safe Harbor Deal Possible by February 1

Companies anxiously watching their calendars to see if a new Safe Harbor program will be introduced before the end of January may get their wish: on January 28, 2016, a European Commission official announced that the...more

Tying it all together: Safe Harbor and Security-Related Data Flows

One of the fascinating aspects of the privacy-related negotiations between the EU and the US over the past couple of years has been the EU’s efforts to decouple trade (e.g, TTIP) and security-related negotiations from the...more

Happy Data Protection Day! ICO and Senate Committee’s spotlight on data protection

In preparation for European Data Protection Day on 28 January, the ICO commissioned a survey on attitudes towards data protection. The YouGov poll revealed growing public concern over data privacy and security. Of more...more

Cybersecurity Act Of 2015 Aims To Bolster Cybersecurity In Health Care Industry

Section 405 of Title IV of the Cybersecurity Act is tailored specifically to cybersecurity matters affecting public and private health care entities. Section 405 of Title IV seeks to improve the cybersecurity landscape in...more

Federal Agencies To Secure Information Systems And Assess Adequacy Of Cyber-Related Workforce

Two provisions of the Cybersecurity Act of 2015—the Federal Cybersecurity Enhancement Act and the Federal Cybersecurity Workforce Assessment Act?task the Department of Homeland Security (“DHS”) and the Office of Management...more

Key CISA Provisions Impacting Private Entities

On December 18, 2015, President Obama signed the Cybersecurity Information Sharing Act (“CISA”), which was the culmination of intense negotiations that reconciled three separate cybersecurity bills passed by the U.S. Senate...more

New Rhode Island Law Protects Victims of Businesses’ Data Breaches in 2016

Cyber data breaches affect individuals, businesses, and the government. Tens of millions of Americans are affected by data breaches every year. In 2014, CNN estimated that 47% of U.S. adults in the U.S. had their personal...more

Congress Considers Changes to FCRA to Expand Consumer Credit Files and Limit Use of Credit Reports for Employment Decisions

Two bills amending the Fair Credit Reporting Act (FCRA) intended to benefit consumers are making their way through Congress. H.R. 4172, "The Credit Access and Inclusion Act of 2015," has bipartisan support, although it is...more

2016 Outlook: NHTSA, Automotive Safety, and Cybersecurity

2016 will likely be an active year for the National Highway Traffic Safety Administration (NHTSA) and increased enforcement actions and new technology and privacy measures are expected. Below are four things to keep in mind...more

Safe Harbor 2.0 – Is It Happening?

It is the beginning of 2016, and American companies are anxiously awaiting news of whether or not a new “Safe Harbor 2.0” will emerge. In October of 2015, the European Court of Justice declared invalid Safe Harbor 1.0 in the...more

FAST Act Drives Long-Awaited Gramm-Leach-Bliley Amendment

In late 2015, Congress passed the Fixing America’s Surface Transportation Act - a vehicle for an amendment to the Gramm-Leach-Bliley Act (GLBA) meant to eliminate the need for certain companies to provide annual privacy...more

House Panel Approves Data Breach Bill

On Wednesday, Dec. 9, the House Financial Services Committee approved a bill that would require companies to notify consumers and the government when a data breach compromises certain unencrypted consumer information. The...more

Congress Enacts Major Cybersecurity Legislation

On December 18, 2015, Congress passed, and the President signed, the Cybersecurity Act of 2015, which provides authorization and liability protection for cybersecurity monitoring and information-sharing and authorization for...more

The Cybersecurity Information Sharing Act of 2015

On December 18, 2015, President Barack Obama signed the much reported omnibus spending bill, which keeps the government running for another year. The controversial Cybersecurity Information Sharing Act of 2015 (“CISA”) was...more

Firearms Industry Alert: Obama’s Executive Order Broadens Regulation, Highlights Compliance Challenges

This article is a preliminary report on the Obama administration’s action on gun control, which was announced on January 5, 2016, and provides a brief overview of the proposed action. We will provide more in-depth analysis...more

Cybersecurity Legislation Stalks Bank Directors

To avoid potential personal liability for cybersecurity breaches, bank directors should take proactive steps to make sure their institution complies with all applicable regulations. In the wake of recent well-publicized...more

Omnibus Spending Package Affects Cybersecurity Legislation

On December 15, Speaker Paul Ryan (R-WI) unveiled the omnibus spending bill, which includes the Cybersecurity Act of 2015 – legislation that would affect how businesses share information with each other and the government,...more

Recent State Enactments Regulating Unsolicited Text Messaging Could Have Broad Implications for Companies that Communicate to...

Two states – New Jersey and Connecticut – have recently imposed additional legal conditions on electronic messaging to mobile devices. In a few ways, these laws may raise the bar for companies on compliance when sending text...more

Omnibus funding bill creates healthcare cybersecurity task force

The $1.1 trillion spending and tax extender bill that is on President Obama’s desk awaiting signature creates a healthcare industry cybersecurity task force, which must be established within 90 days of enactment. This is...more

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