Science, Computers & Technology Consumer Protection

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Privacy Perils: Beware Browser Autofill

The ingenuity of determined fraudsters should never be underestimated. Gizmodo, a technology website, reports on a simple scheme where hackers capture your sensitive information merely by hijacking the autofill features found...more

Maritime Cybersecurity Regulation on the Horizon

Over the past year, various institutions and organizations—both domestic and international—have shown an interest in moving the increasingly prevalent cybersecurity conversation offshore. Domestically, both Congress and...more

A Privacy Shield Replaces a Safe Harbor for the Swiss, Too

US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January. Although Switzerland is not a member of the European Union, its data...more

Keeping Section 5 Alive: The FTC Brings Suit Against D-Link

The U.S. Federal Trade Commission (“FTC”) has filed suit against Taiwan-based D-Link Corporation and D-Link Systems, Inc. (collectively, “D-Link”), manufacturers and sellers of home networking devices including routers,...more

Employment Law Navigator – Week in Review: January 2017 #3

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more

EPA Proposes Toxic Substances Control Act Inventory "Reset" Rule - Pragmatic Proposal Reflects Stakeholder Suggestions

The United States Environmental Protection Agency (EPA) published in today’s Federal Register its proposed approach to updating the list of chemical substances manufactured or processed in the United States, commonly known as...more

State Data Breach Notification Laws

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Failure to Timely Notify Results in Enforcement Action and Significant Settlement

For the first time, on January 9, 2017, the Department of Health and Human Services, Office for Civil Rights (HHS/OCR) settled a HIPAA enforcement action based on the untimely reporting of a breach of unsecured protected...more

FTC Takes Action Against D-Link for Deceptive Practices Endangering the IoT

The U.S. Federal Trade Commission (“FTC”) has filed a lawsuit against device manufacturer D-link for allegedly deceiving the marketplace about the security of its products and, in turn, unfairly placing customer privacy at...more

FTC Charges Taipei Based D-Link for Inadequate Security of Computer Routers and Cameras

The Federal Trade Commission (FTC) has filed a complaint in Northern California against D-Link for putting thousands of consumers at risk over the past decade for failing to have adequate security practices in its routers and...more

Joint Commission Confirms Ban on Texting of Patient Care Orders

After briefly considering a reversal of its prohibition on texting orders, The Joint Commission (TJC), in consultation with the Centers for Medicare & Medicaid Services (CMS), announced last month that its ban would continue...more

EU Proposed ePrivacy Rules to Extend to all Electronic Communications Providers

On January 10, the European Commission proposed new legislation that would update and supplement current ePrivacy rules and extend their scope to all providers of electronic communication services. The following is a...more

NYDFS Modifies, Delays Implementation of Cybersecurity Rules

The modified rules, which still remain among the most prohibitive, could be adopted in final form as early as this month. Since September 2016, the New York State Department of Financial Services (DFS) has been...more

Internet of Things: Navigating Privacy, Data Security, and Client Trust in the Age of Big Data

In-house attorneys Olga Mack and Katia Bloom on risk management, data security, privacy, and client trust in the rapidly developing IoT Age....more

Happy Holidays from FDA: The Agency Issues Four Enforcement Letters for Unlawful Promotion

The Food and Drug Administration recently issued holiday gifts, in the form of enforcement letters, to four pharmaceutical companies. The letters are reminders that FDA is not in a partying mood when it comes to unlawful...more

FDA Issues Final Guidance on Postmarket Cybersecurity

Agency establishes a risk-based framework for assessment of postmarket cybersecurity risks for medical devices. On December 28, 2016, FDA issued a final guidance titled “Postmarket Management of Cybersecurity in Medical...more

Deals and Data: Cybersecurity M&A Due Diligence

Cybersecurity due diligence is quickly becoming part of standard best practices in Merger & Acquisition (“M&A”) deals. Traditionally, the primary goal of due diligence is to investigate the target of a merger or acquisition...more

How Should We Think About Cyber War, Where Rules Remain to be Written?

The recent hack of the Democratic National Committee (DNC) and the United States’ subsequent decision to impose retaliatory sanctions against Russia poses an important question: what does international law have to say about...more

New York’s “First in the Nation” Financial-Sector Cybersecurity Regulations Put on Hold.

In late December, New York’s Financial Services Superintendent Maria T. Vullo announced that the New York’s Department of Financial Services’ (“DFS”) new cybersecurity regulations would not go into effect on January 1, 2017...more

FTC Brings Action Against D-Link in Ongoing Effort to Secure the Internet of Things

One area of concern for data privacy and cybersecurity professionals is the security of the Internet of Things, which refers to the digitally connected smart devices present in almost every aspect of our lives and growing...more

FTC sues IoT Device Manufacturer D-Link for Lax Cyber Security Practices

On January 5, 2017, the Federal Trade Commission (“FTC”) filed a complaint against computer networking hardware manufacturer D-Link Corporation, alleging that the company’s wireless routers, IP cameras, and other “Internet of...more

[Webinar] Should Your Fintech Company Apply for an OCC Charter? - January 24th, 12:00pm EST

During this webinar, panelists will address whether a fintech company should apply, and what is involved in obtaining the proposed fintech OCC charter....more

Court Finds “Nuisance” to be Concrete Injury under the TCPA

The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”). In...more

Social Links: AI displaces insurance company employees; revenge-porn victim seeks injunction against search engines; Wendy’s wins...

Over 30 workers at a Japanese insurance company are losing their jobs following the company’s adoption of IBM’s Watson Explorer, an artificial intelligence system that will perform an important back office function at the...more

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