Science, Computers & Technology Privacy

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As FCC Flexes New Consumer Protection and Privacy Regulatory Enforcement Muscles Against ISPs, Some Call for Expanded Authority...

The Federal Communications Commission (FCC) has imposed a record $100M forfeiture fine against a global telecommunications company for alleged deceptive data plan promotions. The FCC’s fine comes on the heels of revisions to...more

Alert: FTC Releases New Data Security Guide: 50 Mistakes to Avoid in 10 Lessons

The Federal Trade Commission (FTC) has brought over 50 cases against companies that put consumer data at unreasonable risk. On June 30, 2015, the FTC released a guide titled Start with Security that summarizes 10 lessons the...more

Rhode Island Governor signs new comprehensive Identity Theft Protection Act

On June 26, 2015, Rhode Island Governor Gina Raimondo signed Senate Bill S0134, the Rhode Island Identity Theft Protection Act of 2015, which substantially revises the old law, including breach notification. Specifically,...more

OPM Proposes Actions To Strengthen Cybersecurity Of Its IT Systems

On June 24, 2015, the Office of Personnel Management (the “OPM”) announced several actions to strengthen its cybersecurity. The 8-page “Actions to Strengthen Cybersecurity and Protect Critical IT Systems” (the “Action Plan”)...more

What European Union privacy reform means for U.S. Companies

The European Union (EU) General Data Protection Regulation (GDPR) is one step closer to replacing the EU’s 1995 data privacy directive, known as 95/46/EU. In late June, the Council of Ministers from the EU member states...more

Needed Now: Experienced and Talented Cybersecurity Professionals to Protect Government Data Systems

The announcement on June 4th of a massive cybersecurity attack that compromised data stored on Office of Personnel Management (OPM) systems for 4.2 million current and former federal employees is the most recent head-smacking...more

Federal Trade Commission Issues “Start with Security” Guidance

On June 30, the Federal Trade Commission (FTC) issued its first guidance document as part of its Start with Security initiative. The initiative, announced by FTC Consumer Protection Director Jessica Rich in March, will...more

OPM and Where The Lines Are

The recent hacking of the sensitive personal information of millions of American public servants at the Office of Personnel Management (OPM) points out a noteworthy distinction in how the U.S. government views some types of...more

Lessons from FTC Enforcement Actions

The FTC released a guide for businesses based on lessons learned from the more than 50 reported FTC enforcement actions. This new guide, “Start With Security: A Guide For Business” outlines a general “standard of care” for...more

Federal Employees’ Personal Information Compromised by Data Breach

In recent headlines, the Office of Personnel Management (“OPM”) has begun notifying millions of federal employees that it may have lost their personal information earlier this month in a data breach. The data breach...more

Progress on Data Protection in the European Union

We may see the final text of the proposed EU General Data Protection Regulation by the end of 2015. In mid-June, the Council of the European Union set forth an agreed general approach to the proposed EU General Data...more

Privacy & Cybersecurity Update - June 2015

In This Issue: - USA Freedom Act Brings Changes to Surveillance Program - Connecticut Enacts Bill Imposing Tighter Data Security Obligations - Pennsylvania Court Dismisses Data Breach Negligence...more

Password Management Company LastPass Discloses Security Breach

We know it’s hard to keep track of passwords. A good security practice is to use different and complex passwords across different platforms, but it is so hard to keep track of all of them. That’s why password management...more

Privacy and Transparency in the Context of Government Data Requests

The Electronic Frontier Foundation (EFF) recently released its fifth annual report evaluating the practices of several online service providers with regard to government access to user data. The report rates the major online...more

Advertising and Marketing News from Ifrah Law’s FTCBeat.com, Volume 6

Internet Advertising and Marketing Summer Newsletter from Ifrah Law with updates you won't want to miss!...more

U.S. Office Of Personnel Management Confirms Cyber Theft From Its Systems Is Much Broader Than Initially Reported

During a June 23, 2015 Congressional hearing, officials from the U.S. Office of Personnel Management (the “OPM”) testified that a recent breach of its data systems may have affected personal information (including social...more

Reflections on “Privacy in the Modern Age”

With the heart of the summer vacation season upon us, it seems like a good time for some reflection. Here, it comes in the form of excerpts from an essay by privacy maven, Deborah Hurley. The one time Director of the Harvard...more

Cybersecurity Standards Apply to Thee, Not Me

“If there is anyone to blame, it is the perpetrators,” said Katherine Archuleta, Director of the federal Office of Personnel Management (“OPM”), to a Senate panel investigating the causes of the recent OPM cyberattack. ...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

New Case Highlights Deep Hole in Cyber Insurance Policies

Insurance policies covering data breach liability began appearing roughly ten years ago. We noted then a troublesome provision in some forms that seemed to exclude coverage for the insured’s failure to maintain data security...more

IEEE Releases Med Device Cybersecurity Guidelines

Amid myriad media reports about potential vulnerabilities in medical device cybersecurity and the FDA’s efforts to strengthen medical device cybersecurity, the IEEE Cybersecurity Initiative released a report entitled...more

Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium...more

Cybersecurity for Contractors and Design Professionals

Data breaches and the resulting havoc for companies that must deal with them are all over the news. While most construction industry businesses do not handle large amounts of consumer data, you cannot simply ignore...more

State Breach Notification Laws Continue To Change

State breach notification laws continue to be amended to (1) provide for notification of a state attorney general or regulator about a breach in addition to affected individuals, (2) cover breaches involving personal...more

Considerations in Drafting Limitations of Liability for Data Breaches

Until very recently, it was considered matter of course in a services agreement for any data disclosure or loss, regardless of cause, to be excluded from any and all limitations of the vendor’s liability. However, as data...more

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