Cybersecurity Federal Trade Commission

Cybersecurity is a term used to describe methods and systems for protecting sensitive information in the electronic sphere. As more financial, business, and personal information becomes exclusively maintained and... more +
Cybersecurity is a term used to describe methods and systems for protecting sensitive information in the electronic sphere. As more financial, business, and personal information becomes exclusively maintained and stored electronically, the risks of attacks, leaks, and disclosures become more pronouced. The concept of Cybersecurity encompasses a broad array of issues, including governmental regulations to ward off cyber terrorists, industry data collection and maintenance practices, and consumer advocacy to ensure the privacy of individuals' personal and medical information.     less -
News & Analysis as of

Third Circuit Affirms District Court’s Decision Asserting FTC’s Authority over Companies’ Data Security Practices

On August 24, the U.S. Court of Appeals for the Third Circuit affirmed the Federal Trade Commission’s authority to hold companies accountable for their data security practices under Section 5 of the FTC Act (15 U.S.C. §...more

Third Circuit Holds FTC Has Authority to Regulate Cybersecurity under Unfairness Prong of 15 U.S.C. § 45(a)

The Third Circuit recently issued its highly anticipated ruling in the Federal Trade Commission v. Wyndham Worldwide Corp., Case. No. 14-3514, holding that the FTC has authority to regulate the cybersecurity practices of...more

Privacy & Cybersecurity Update - August 2015

Third Circuit Affirms FTC’s Authority Over Cybersecurity: In the Wyndham case, the Third Circuit affirmed that the FTC has the authority to regulate cybersecurity under Section 5 of the FTC Act, and that the language of...more

Litigation Alert: Third Circuit Permits Federal Trade Commission to Bring Unfair Practice Claim Based on Cybersecurity Practices

In a closely-watched cybersecurity case, a three-judge panel of the U.S. Court of Appeals for the Third Circuit held in Federal Trade Commission v. Wyndham Worldwide Corporation (No. 14-3514) that the Federal Trade Commission...more

FTC v. Wyndham: Third Circuit Affirms FTC's Authority to Regulate "Unfair" Cybersecurity Practices

In a highly anticipated, precedential opinion released on August 24, 2015, the Third Circuit held that the FTC had authority to regulate cybersecurity under the unfairness prong of § 45(a) of the FTC Act and that Wyndham had...more

Third Circuit Affirms FTC's Ability To Bring Cybersecurity Enforcement Actions

On August 24th, the United States Court of Appeals for the Third Circuit issued its decision in Federal Trade Commission v. Wyndham Worldwide Corp., affirming a 2014 district court ruling that the Federal Trade Commission...more

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more

Special Alert: Third Circuit Gives FTC Green Light to Continue Enforcing Corporate Data Security

Last week, the U.S. Court of Appeals for the Third Circuit affirmed the Federal Trade Commission’s authority to hold companies accountable for their data security practices under Section 5 of the FTC Act (15 U.S.C. § 45(a)),...more

3rd Circuit Affirms FTC’s Cybersecurity Oversight

If you read one thing: - The Federal Trade Commission (FTC) secured a major appellate victory in its quest to challenge lax corporate cybersecurity practices - In light of the 3rd Circuit’s decision,...more

Federal appeals court confirms FTC authority to regulate cybersecurity policies and procedures

Banks and other companies subject to the CFPB’s jurisdiction face the possibility that the CFPB could begin using its authority under Sections 1031 and 1036 of the Dodd-Frank Act (which proscribe unfair, deceptive or abusive...more

That is SO last week - August 2015 #5

That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

FTC v. Wyndham: The Litigation Goes On, But Other Lessons To Learn

It’s fair to say that the opinion by the Third Circuit Court of Appeals in FTC v. Wyndham was a set-back for Wyndham, but for businesses it may be just the right wake-up call....more

Federal Appeals Court Recognizes for the First Time the FTC’s Authority to Enforce Cybersecurity Practices

On August 24, 2015, the Third Circuit Court of Appeals issued a much-awaited decision in FTC v. Wyndham Worldwide Corporation, holding that the Federal Trade Commission (FTC) has authority to regulate “unfair” or “deceptive”...more

FTC issues statement on its enforcement abilities under § 5 of the FTC Act

On August 13, 2015, the Federal Trade Commission (FTC) issued a statement on its ability to prosecute ‘unfair trade practices’ and enforce violations under § 5 of the FTC Act. The guidance said: Section 5’s ban on...more

Third Circuit Affirms FTC’s Authority to Regulate Data Security

On August 24, 2015, the Third Circuit affirmed U.S. District Court Judge Esther Salas’ April 2014 ruling in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) that the FTC has the authority to regulate private companies’...more

Data Privacy: Wyndham Hotel's Wake Up Call Should Be Your Own

On August 24, 2015, the United States Court of Appeals for the Third Circuit issued a precedential opinion in the matter of Federal Trade Commission v. Wyndham Worldwide Corporation, et al., No. 14-3514 (3d. Cir., Aug. 24,...more

Third Circuit affirms FTC’s jurisdiction over security practices in Wyndham case

In a strongly worded opinion, the Third Circuit Court of Appeals on Monday slammed Wyndham Worldwide Corporation’s arguments that the FTC did not have jurisdiction to enforce the security practices of businesses following a...more

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

U.S. Appeals Court Upholds the FTC’s Authority to Police Cybersecurity Practices

In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham...more

Recent Appellate FTC Cybersecurity Ruling

On August 24, 2015, the United States Court of Appeals for the Third Circuit ruled that the Federal Trade Commission (hereinafter “FTC”) has the power under the FTC Act to police companies that fail to employ adequate...more

FTC as Data Security Cop Affirmed

The U.S. Court of Appeals for the Third Circuit this week affirmed the authority of the Federal Trade Commission (“FTC” or “Commission”) to enforce against companies that lack reasonable cybersecurity practices. Prior to...more

Third Circuit Not Hospitable to Wyndham, Upholds FTC’s Broad Powers to Regulate Cybersecurity

Over one year ago, our colleague Chris Hart argued that the District of New Jersey court’s decision in FTC v. Wyndham Worldwide Corp. et. al., No. 13-1887-ES, “point[ed] to the possibility that the FTC has potentially broad...more

Legal Insights on the Ashley Madison Hack: Part II

As more names emerge from the dark web data dump of Ashley Madison customers, lawyers around the globe have found a very willing group of would-be plaintiffs. Interestingly, all of these plaintiffs are named “Doe,” which must...more

The FTC Continues to Flex its Safe Harbor Enforcement Muscles

On August 17, 2015, the Federal Trade Commission (FTC) announced settlements with 13 companies on charges that they misled consumers by claiming that they were certified members of the U.S.-EU or U.S.-Swiss Safe Harbor...more

Appellate Court Confirms the FTC’s Power to Regulate Cybersecurity

In a highly-anticipated decision, the U.S. Court of Appeals for the Third Circuit has ruled in FTC v. Wyndham Worldwide Corporation that the Federal Trade Commission (“FTC”) is authorized to pursue lawsuits against those who...more

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