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Snowden's Legacy: Safe Harbor under fire at the CJEU

This week the Court of Justice of the European Union (‘CJEU’) heard a case that could destabilise data flows between the US and EU under the EU-US Safe Harbor Decision. In Schrems v Data Protection Commissioner (C-362/14),...more

California Senator Introduces Bill To Protect Privacy Of Mobile Device Users' GPS Data

A bill introduced in the California Senate by Senator Mark Leno is designed to help consumers make more informed decisions about their privacy when installing new smartphone or tablet apps that track their location using GPS....more

Advertising Law - March 2015 #5

Paying for Consumer Reviews Gets Company FTC Action - Accused of failing to disclose that it gave cash discounts to customers to post online reviews, AmeriFreight and owner Marius Lehmann agreed to a settlement with...more

Cross-Device Tracking: The New World

Facebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it often than you know, according to a study released on Monday by Carnegie Mellon....more

Cloud Data Security Standards Reach New Heights?

Issues of data privacy and security are central to most cloud contract negotiations. While cloud service providers may be willing to take responsibility for the integrity of their networks, accepting obligations in relation...more

Target Reaches Preliminary Settlement in Consumer Data Breach Class Action

Last week, a Minnesota federal district court granted a motion for preliminary approval of a settlement of putative consumer class action claims against Target in the wake of a data breach at the retailer over the 2013...more

Data privacy, security and breach notification bill passes through House subcommittee

A closely watched bipartisan national data privacy, security, and breach notification bill cleared a House subcommittee yesterday, sending it to the full House Energy and Commerce Committee for review. There have been many...more

China’s New Cybersecurity Policies: Is the Price of Compliance Worth the Risk of Disclosure?

Tensions recently escalated in the United States and China’s ongoing exchange over online security and technology policies, as China adopted the first in a series of policies it previously approved at the end of last year. ...more

Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing

Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more

Cyber Vulnerability in Wind Turbines

It has been reported that a wind turbine which is deployed across the energy sector worldwide has been hacked. Due to a software bug, an attacker can get the user name and password from the browser. This can allow admin...more

10 Tips for Fostering a Business Culture of Cybersecurity Awareness

Businesses are recognizing the need for new approaches to data security as high-profile cybersecurity incidents reveal the true impact a data breach can have on an organization. One of the biggest realizations is that IT...more

FTC Creates New Office Focused on Privacy and Data Security

Earlier this week the Federal Trade Commission (“FTC”) announced the formation of the Office of Technology Research and Investigation within its Bureau of Consumer Protection. The office will succeed the Mobile Technology...more

Target Settles Consumer Data Breach Class Action for $10 Million

On Thursday, just three months after a district court judge in Minnesota denied Target’s motion to dismiss the consumer class action following the retailer’s massive 2013 data breach, the court granted preliminary approval of...more

Cyber Law Tracker: Protecting Cyber Networks Act Introduced by House Intelligence Committee

On March 24, 2015, members of the House Permanent Select Committee on Intelligence, including Connecticut Congressman Jim Himes, the Ranking Member of the Cybersecurity Subcommittee, issued statements commenting on the...more

The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more

FISMA II: A New Cyber World Framework to Strengthen Agency Information Security

As part of the Obama administration’s legislative efforts to safeguard government agency information, the Federal Information Security Modernization Act of 2014 (FISMA II) was recently enacted to fortify and update its 2002...more

The $10 Million Target Settlement

In the past two years, there have been a number of lawsuits filed against major corporations as a result of data breaches, including the class action filed against Target following the data breach it suffered in late 2013. ...more

Cyberspy thriller with an unclear ending

It reads more like a spy thriller than a news story. Employees of the U.S. subsidiary of a global technology and media company log on to their computers one Monday morning and are greeted with the menacing figure of a neon...more

Alert: Website Terms and Conditions: A Call for Clarity

The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms....more

How Much Is Data Privacy Really Worth?

Last week, I was privileged to hear Glenn Greenwald give a passionate speech about his experiences revealing the astonishing evidence of government surveillance and collection of personal information as disclosed to him by...more

FFIEC Provides Overview of Cybersecurity Priorities

On March 17, the FFIEC released a summary of its cybersecurity priorities for the remainder of 2015. The FFIEC intends to enhance its cybersecurity preparedness in seven main ways: (i) issuing a cybersecurity self-assessment...more

FTC Focuses on Emerging Technologies Amid Congressional Efforts to Expand Data Security Enforcement

Monday the Federal Trade Commission’s (FTC) Bureau of Consumer Protection (BCP) announced the creation of the Office of Technology Research and Investigation (OTRI), a new initiative focused on consumer protection in emerging...more

Precedent and the Price Explain Why Target and the Consumer Class Agreed to an Early Data Breach Settlement

On March 18, 2015 – just three months after denial of a motion to dismiss consumer claims arising from Target’s 2013 data breach – Target and the consumer class filed papers seeking approval of a settlement. The proposed...more

When is Data Security “Unfair”?

Data security is big news. And so is the Federal Trade Commission (“FTC”). Put the two together in a crucible of litigation, and it is sure to be a blockbuster. That is what the closely-watched case FTC v. Wyndham, now...more

California Eyes Groundbreaking Privacy and Cybersecurity Legislation

In California, home to Silicon Valley, Biotech Beach, drones and some of the nation’s strongest laws protecting personal and consumer privacy, legislators are grappling with how to balance popular innovations in technology...more

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