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Health Care E-Note - Februaury 2017

Ransomware: A Reportable Breach? In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical...more

Make Cybersecurity Great Again? Cybersecurity Challenges — and Opportunities — for the Trump Administration

The Trump Administration has taken office at a time when cybersecurity has increasingly entered the public consciousness as a major challenge facing both the United States government and the business community. Cyberattacks...more

FDA Devices Center Issues Multiple Guidances in the Obama Administration’s Final Months

A flurry of regulatory activity preceded the transition in administration on January 20. Anticipating that the new administration would impose a regulatory slowdown, the Food and Drug Administration’s (FDA’s or the...more

Will European Privacy in the United States be Trumped?

In recent weeks there has been significant debate among commentators about whether Europeans’ privacy is becoming less protected in the US and what that may mean for the privacy protection arrangements between the EU and the...more

Supreme Court Nominee Neil Gorsuch on Data Privacy

Last month, the President announced his nomination of Judge Neil M. Gorsuch—a federal appeals court judge—to the Supreme Court. Gorsuch must still go through Senate confirmation hearings before officially becoming the ninth...more

Did U.S. executive order signal trouble for EU citizen privacy rights?

As President Trump settles into office, his administration has issued a flurry of executive orders aimed at reshaping the U.S. government. One order in particular may have a broader impact on global business than originally...more

What Will Trump’s Executive Order Do to U.S. Privacy Law and EU-U.S. Data Transfers?

On the third day of his presidency, President Trump signed an immigration-related executive order raising significant questions about the future of U.S. privacy law and EU-U.S. data transfers. The order, titled “Enhancing...more

Global Cybersecurity, Surveillance, and Privacy: The Obama Administration’s Conflicted Legacy

In the wake of Edward Snowden’s disclosures, the United States administration faced a daunting series of challenges on surveillance, cybersecurity, and privacy. Congress was reluctant to enact comprehensive legislation....more

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more

"Despite Aversion to Regulation, Trump May Expand Cybersecurity Efforts"

President Donald Trump’s statements to date on regulation in general and cybersecurity regulation in particular suggest a conflict between his desire to strengthen the country’s cybersecurity efforts and his general antipathy...more

Trump Executive Order Spooks Privacy Shield Adherents and Privacy Community

Data protection and privacy officials and interest groups across the globe produced a flurry of activity on social media this week. Countless tweets, blogs and articles have responded to President Trump’s executive order...more

Trump’s Executive Order Does Not Impact U.S. Privacy Shield Commitments

Last Wednesday, President Trump signed an immigration-related Executive Order (EO) titled “Enhancing Public Safety in the Interior of the United States” that, among other things, removed the ability of federal agencies to...more

Will Trump’s Executive Order Impact Agreements Between the U.S. and EU on Cross-Border Data Transfers?

U.S. President Donald Trump signed an Executive Order on January 25, 2017, “Enhancing Public Safety in the Interior of the United States” that requires agencies “to the extent consistent with applicable law ... exclude...more

Parting Shot: Outgoing Administration Releases FinTech White Paper

On January 13, 2017, a week before the change in Administration, the Obama White House issued a white paper entitled “A Framework for FinTech” (“White Paper”). The White Paper highlights various financial technology...more

ML Strategies 2017 Outlook: Cybersecurity

Regardless of who won the presidential election, it was always expected that cybersecurity would continue to be a leading concern for business and government alike. As new cyber threats and the evolution of technology and the...more

Will the Proposed “Countering Russian Hostilities Act” Stop Russian Cyberattacks?

On Jan. 10, 2017, a bipartisan group of five Republican and five Democratic senators announced their support for the Countering Russian Hostilities Act of 2017. Lindsey Graham, one of the senators who announced the proposed...more

SPECIAL FOCUS: FCC Under Pai: Implications for the TCPA

On January 23, 2017, President Trump appointed Commissioner Ajit Pai to serve as the next chairman of the Federal Communications Commission (FCC). While not surprising, as he was widely viewed to be the presumptive pick, his...more

Ajit Pai Appointed Chairman of the FCC – Expect Change

In one of his earliest official acts, President Trump appointed FCC Commissioner Ajit Pai as the long-term Chairman of the FCC. While many thought Commissioner Pai was the most likely candidate to be named interim Chairman of...more

DHS Designates Election Infrastructure As “Critical” Amid Cybersecurity Concerns

In a January 6, 2017 statement, Secretary of Homeland Security Jeh Johnson announced that election infrastructure in the United States has been designated “critical” and worthy of the Department of Homeland Security’s (“DHS”)...more

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet...more

Governor Cuomo Unveils Cybersecurity Proposals Including Cyber Incident Response Team

New York Governor Andrew Cuomo announced a series of cybersecurity proposals that are designed to protect consumers and government entities from cybercrime and identity theft. One of the proposals includes the creation of a...more

The Future of Russia Sanctions: The Awkward Edition

On January 10, 2017, Senate Republicans and Democrats introduced bi-partisan legislation called the “Countering Russian Hostilities Act of 2017,” which would impose broad sanctions on Russia. The Act would codify the...more

NIST Issues Draft Update to the Cybersecurity Framework

On January 10, 2017, as the Obama administration draws to a close, the National Institute of Standards and Technology (“NIST”) released a long-awaited draft version 1.1 of its ground-breaking Framework for Improving Critical...more

Obama Uses Executive Order Authority to Respond to Malicious Russian Cyber Activity - President Amends EO 13964 From April 2015 in...

President Barack Obama amended Executive Order (EO) 13964 on December 29, 2016, in response to intelligence community findings that the Russian government engaged in malicious cyber activity with respect to the U.S. electoral...more

Internet Law in a Trump Presidency

In a Democracy, transitions in leadership happen more frequently than in any other form of government. And with those transitions, some previous policies and orders are preserved and some are reversed. This approach to...more

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