News & Analysis as of

Privacy Communications & Media

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand...more

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more

FTC’s “Stick With Security” #5: Segment Your Network And Monitor Who’s Trying To Get In And Out

by Snell & Wilmer on

On August 25, 2017, the FTC released its fifth “Stick with Security” principal, which focused on how companies can protect their virtual “entrances and exits” and make life harder for hackers. The FTC believes that the...more

FTC’s “Stick With Security” #4: Store Sensitive Information Securely & Protect It During Transmission

by Snell & Wilmer on

On August 18, 2017, the FTC released its fourth “Stick with Security” principle, which explained the importance of keeping confidential data only when needed, and securely storing the data when it must be kept. To that end,...more

Vermont AG Settles with SAManage for $264,000 for Delayed Breach Notification

The Vermont Attorney General (AG) recently announced that it has settled with SAManage USA, a business support services company, for failing to timely notify 660 Vermont residents that their names and Social Security numbers...more

Business Associate Resold Fax Machine Containing PHI

Fax machines are still used in the medical community, and these days, faxing may be more secure than emailing as hackers have not yet cracked the task of hacking into old fax machines. All kidding aside, fax machines have...more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

FTC’s “Stick With Security” #3: Require Secure Passwords and Authentication

by Snell & Wilmer on

On August 11, 2017, the FTC released its third “Stick with Security” principle, which touched on the necessity of strong authentication practices. Secure passwords and fortified authentication practices make it that much...more

FTC’s “Stick With Security” #2: Control Access to Data Sensibly

by Snell & Wilmer on

On August 4, 2017, the FTC released its second “Stick with Security” principle, which addressed the next step a company should take after it has identified confidential data in its possession and determined what information...more

Much-Needed TCPA Reform Would Support Small Businesses and Spur Economic Benefits

by Hogan Lovells on

Growing evidence suggests that existing Telephone Consumer Protection Act (“TCPA”) compliance challenges, and the current TCPA litigation landscape, are increasingly a threat to many U.S. companies – particularly small...more

Monthly TCPA Digest - September 2017

by Mintz Levin on

Ready for good news about TCPA litigation? In this edition of our Monthly TCPA Digest — providing insights on Telephone Consumer Protection Act (TCPA) cases and regulations — we point to a glimmer of hope for businesses....more

Two End-of-Year Federal Government Deadlines Approaching

by McNair Law Firm, P.A. on

Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

“I’m Unavailable to Take Your Advertisement Right Now”: FCC Regulation of Direct-To-Voicemail Marketing

by Robins Kaplan LLP on

The days of lamenting the dinnertime telemarketing call seem to have faded, but as communication technology ? particularly cell phone and smartphone usage ? has become ubiquitous, advertisers have found new avenues to...more

Securing Your Home’s Digital Entry Points

We’re all concerned with our home’s physical security, but so often we forget to pay the same amount of attention to our digital security. However, leaving your home’s digital entry points open is like leaving your front door...more

BB&K Wins Dismissal of Anti-Spam Suit - Case Demonstrates Ongoing Abuse of the Law Against Email Companies

by Best Best & Krieger LLP on

Best Best & Krieger LLP attorneys Damian Moos and Daniel Richards won dismissal of federal unlawful email advertising lawsuit against a webmail service company that was wrongly targeted. U.S. District Court Judge Maxine...more

McAfee Report Lists Health Care Sector as Most Targeted Industry for Cyber-Attacks

In its cyber security incident report outlining vulnerabilities for the second quarter of 2017, security firm McAfee lists the health care sector as having suffered the most security incidents, which surpasses the public...more

Hackers Score Touchdown: NFL Players Association Hit With Data Breach

A data breach of the National Football League Players Association’s (“NFLPA”) website has exposed the personal information of nearly 1,200 players and agents....more

U.S. Treasury Warns Financial Institutions of Venezuelan Corruption and Money Laundering

The Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of the Treasury issued an advisory on September 20 warning U.S. financial institutions of “money laundering schemes used by corrupt Venezuelan...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A sobering look at the post-recession economic recovery shows that while by many measures US economic figures are again strong, the recession caused wounds that “have not fully healed”—including the loss of more than 1.5...more

Protecting Your Digital Assets

Protecting your digital assets is as important as protecting your physical assets. Never think, “It won’t happen to me”—everyone has something that cyber criminals can steal. Stay secure by following a few basic guidelines....more

The Morning Risk Report: Data-Transfer Case Creates New Uncertainty

Tim Toohey was quoted in a October 5, 2017, Wall Street Journal article written by Ben DiPietro discussing the decision by Ireland's High Court to refer a data-transfer case involving Safe Harbor and Privacy Shield to the...more

Privacy Tip #108 – October is National Cybersecurity Awareness Month: Beware of Scam Netflix Email

Happy National Cybersecurity Awareness Month. I wish it was more uplifting than the current state of affairs, but it has never been so important. ...more

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Yahoo—via new parent Verizon Communications—has officially tripled its estimate of the number of accounts affected by its 2013 cyber hack, putting the total at a staggering 3 billion (aka, all of them)....more

Changes in the protection of employment related personal data

by Dentons on

On 14 September 2017, long-awaited drafts of new laws adjusting the provisions of Polish law to the Regulation (EU) 2016/679 – General Data Protection Regulation (“GDPR”), which will take effect on 25 May 2018....more

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