Criminal Law Science, Computers & Technology Privacy

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Also In the News - Data, Privacy, & Security Practice Report - August 2015

King & Spalding Client Alert On Unprecedented Hacking And Trading Scheme — On August 11, 2015, prosecutors in the District of New Jersey and the Eastern District of New York unsealed indictments against several individuals...more

Three more Darkode Hackers Prosecuted

We previously reported on the prosecutions of Darkode members. Three more members of the computer hacking forum Darkode have pled guilty to accessing protected computers without permission, and for violating the CANSPAM Act....more

Data Detecting Dogs: The FBI’s Newest Tool in Fighting Cyber-Crime

The FBI’s latest weapon in locating electronic evidence is not a computer program, it’s a dog.  The FBI is using data-sniffing dogs in raids to cut down on the time it takes agents to locate small hidden data storage devices....more

The Justice Department Has Some Things to Tell You about Cybersecurity

In April the Justice Department’s Computer Crime and Intellectual Property Section issued its Best Practices for Victim Response and Reporting of Cyber Incidents. It is an excellent guide for a business organization to...more

“Aloha” Means Cybersecurity, Consumer Multistates, and Swimming with Turtles at Conference of Western Attorneys General

Attorneys General, meeting at the Conference of Western Attorneys General (“CWAG”) on Maui recently, tackled as usual a range of issues from the Rule of Law, an ongoing and important initiative with Mexican police,...more

Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches

Many of the highest-profile and headline-catching data breaches involve external breaches of a company’s electronic systems. But the reality that these headlines obscure is the fact that internal data breaches are generally...more

China Proposes Draft Privacy Legislation with Significant Potential Implications

On July 6, 2015, China’s legislature, the National People’s Congress (NPC), circulated for comment two pieces of draft legislation with significant potential implications for data privacy and data security in China. Comments...more

Cybercrime Forum Darkode nailed by the DOJ and FBI

Last week, (July 15, 2015), the Department of Justice (DOJ) announced that the coordinated law enforcement efforts of 20 countries, including the U.S. effectively dismantled the computer hacking forum Darkode with criminal...more

25 year old sentenced to 13 years for hacking data broker databases

The Department of Justice has announced that 25 year old Hieu Minh Ngo has been sentenced to 13 years in prison. His sentence was lighter than expected because he has cooperated with authorities to catch more identity...more

Alleged Ringleader of Global Cybercrimes Extradited to United States to Face Charges

Today, the DOJ unsealed an eighteen-count indictment in Brooklyn, New York charging a Turkish citizen (Defendant) with organizing worldwide cyberattacks against at least three U.S. payment processors’ computer networks. The...more

Welcome to the Digital Age, Officer

California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data - The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which...more

Health care worker sent to jail for HIPAA violations

When we train employees on HIPAA, we always remind them that HIPAA violations carry significant penalties-both civil and criminal. Our favorite line is “Keep your day job.” Stealing patient information is never worth the...more

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

Privacy Tuesday – June 2015 – OPM Hack

The news continues to pour in about the two-part massive hack into the federal government’s Office of Personnel Management (OPM) and the compromise of personal information of millions of present and former federal...more

Update Regarding Office of Personnel Management Cyber Attack

More details continue to emerge about the cyber attack and data breach disclosed last week of the U.S. federal government’s Office of Personnel Management (OPM), and those details continue to get worse. While original reports...more

The USA FREEDOM Act Heightens the Need for Carriers to Examine their Data Retention Practices

On Tuesday, June 2, 2015, Barack Obama signed the USA FREEDOM Act into law. Among other reforms, the USA FREEDOM Act adopts a series of modifications to federal foreign intelligence gathering statutes and procedures to...more

UPDATE: Union Claims that Hackers Have Accessed Personal Data of “All” Federal Employees

As an update to our blog post, “Data Breach Affects Millions of Current and Former Government Workers”, a union representing federal workers is now claiming that the hack may be worse than originally feared. Yesterday, the...more

DOJ Unveils New Cyber Security Unit and Urges Cyber Attack Victims to Cooperate with Post-Breach Investigations

In a recent speech at the Georgetown Cyber Security Law Institute, Assistant Attorney General Leslie Caldwell outlined the recent activities of a new Cyber Security Unit created within the Justice Department’s Computer Crime...more

Should We Hack Back?

“No,” says U.S. Assistant Attorney General Leslie R. Caldwell. At the most recent Cybersecurity Law Institute held at Georgetown University Law Center in late May, the head of the U.S. Department of Justice’s (DOJ) Criminal...more

The Future Of The NSA’s Bulk Telephone Metadata Program

Section 215 of the Patriot Act expires today. Section 215 addresses the Federal Bureau of Investigation’s ability to gather business records. In 2006, after passage of amendments to the Patriot Act, the Bush administration...more

The Communications Decency Act May Disappoint

California boldly made an example out of a felonious website owner who operated a website dedicated to shaming, embarrassing and harassing complete strangers. Following the first-ever prosecution of the operator of a “revenge...more

Seizure of memory cards from digital cameras allowed under plain view doctrine

Courts today are faced with applying traditional Fourth Amendment search and seizure doctrines to twenty-first century digital technology. In one such case, the Massachusetts Appellate Court upheld a lower court’s holding in...more

DANGER – “General” Search Warrants in the Digital Age

If you knew that there was a chance—maybe even a good chance—that a law enforcement officer could gain access to every single text, email, photograph and voice mail on your smartphone, going back years, because you were...more

Privacy & Cybersecurity Update - May 2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

Warrantless Laptop Search Suppressed In Sixth Circuit

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

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