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Chip-and-PIN is Coming…To the US Government

Last Friday, in the wake of numerous data breaches, President Obama signed a new Executive Order that will change how federal agencies use payment cards and allow access to certain government portals. Those changes include...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

Credit Unions Continue to Demand New Data Security Standards for Retailers and Right to Recover Losses After a Breach

On September 3, 2014, following the news of a possible breach at Home Depot (which was confirmed on September 8), the National Association of Federal Credit Unions (NAFCU) called on Congress to enact new legislation to hold...more

Cloud Hacking Incidents May Prompt Congress and the Administration to Turn Attention Again to Mobile Privacy Issues

With the recent theft and release of several celebrities’ private photographs (many of which appear to have been taken with, and stored on, mobile devices), mobile privacy and the protection of sensitive data stored or...more

Amendments to California’s security breach notification bill head to governor: key action points for businesses

In what has become almost an annual ritual, California is poised to tweak its security breach notice law. Last year, in language DLA Piper lawyers helped to draft on behalf of the State Privacy & Security Coalition, the...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

Capital Thinking: Technology and Communications

Legislative Activity Online Competition and Consumer Choice Act of 2014 Introduced in the House and the Senate Last Tuesday, June 17, Senator Patrick Leahy (D-Vermont) and Representative Doris Matsui (D-California)...more

Senate Judiciary Committee Plans Geo-Location Tracking Hearing

The Senate Judiciary Subcommittee on Privacy, Technology and the Law has announced it will hold a hearing on June 4, 2014, regarding the Location Privacy Protection Act of 2014....more

Getting To The Real Issue On The Senate Subcommittee's Advertising Report

The "Security" Part - When reading the Majority and Minority Staff Report from the Permanent Subcommittee on Investigations ("The Subcommittee") regarding the "Hidden Hazards to Consumer Security and Data Privacy" was...more

Senate Committee Turns Attention to Online Advertising Security

The Senate Homeland Security & Governmental Affairs Permanent Subcommittee on Investigations released a report on May 14, 2014, regarding the security of online advertisements. Entitled “Online Advertising and Hidden Hazards...more

The Skinny on the White House Big Data Report

While the public debate on privacy has largely focused on how government, particularly the intelligence community, collects, stores, and uses data, President Obama earlier this year announced a comprehensive review of the...more

Pennsylvania Holds Its First Ever Legislative Hearing on Internet Gaming

Pennsylvania legislators are beginning to explore a topic that, for them, was previously uncharted territory: the possibility of legalizing Internet gaming. In April 2013, Representative Tina Davis introduced a bill (HR 1235)...more

TSCA Reform: House Subcommittee Discusses Revised Draft of Chemicals in Commerce Act

On April 29, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing to review a revised draft of the Chemicals in Commerce Act (CICA2). Representative John Shimkus (R-IL), Chair of the...more

Target Becomes a Target: Proposed California Bill Aims to Make Retailers Liable for Data Breach Incidents

Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has...more

Monthly Update for March 2014

EPA's Endocrine Disruptor Screening Program Updates EDSP Comprehensive Management Plan: On February 21, 2014, the U.S. Environmental Protection Agency (EPA) updated its Endocrine Disruptor Screening Program (EDSP)...more

The Target Breach Update

It has been difficult to keep up with all the various permutations of the Target data breach saga. Yesterday, the fingerpointing continued in the form of the release of a Harris Poll and testimony on Capitol Hill at a...more

Attorney General Holder Calls on Congress to Establish Strong National Data Breach Notification Standard

Yesterday, in his weekly video address, Attorney General Eric Holder urged Congress to create a national data breach notification standard requiring companies to quickly notify consumers of a breach of their personal or...more

Congress Steps Up its Scrutiny of Data Brokers

In keeping with Congress’s heightened focus on privacy practices in the data broker industry, Senators Jay Rockefeller (D-W.Va.) and Ed Markey (D-Mass.) introduced a bill that would require increased transparency and...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

House Energy & Commerce Subcommittee Holds Hearing on Data Security

On February 5, the House Energy & Commerce Subcommittee on Commerce, Manufacturing and Trade held a hearing titled “Protecting Consumer Information: Can Data Breaches Be Prevented?” The hearing follows two consecutive Senate...more

Capital Thinking: Cybersecurity

Data Breach - This week, several Congressional Committees will hold a number of hearings focused on the recent data breaches at Target, Neiman Marcus and other large companies that compromised the financial information...more

Congress Taking Action to Protect Data Security

In the wake of major customer data breaches at Target and Neiman Marcus, lawmakers on Capitol Hill have quickly swung into action, scheduling a slew of hearings and introducing legislation designed to address the issue of...more

High Profile Security Breaches Spur Congressional Action

Recently, several large retailers, including Target and Neiman Marcus, announced that hackers had compromised credit card and other personal consumer data. At Target, 40 million debt and credit cards were impacted and 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

Newly introduced Data Security Act would remove data security standards from state oversight

The Federal Government has not taken significant steps to regulate data security. For that reason, local and state officials have been taking a more aggressive role in responding to data breaches and in establishing best...more

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