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

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

European Union Advocate General Calls For High Court to Rule U.S.-EU Data Sharing Program Invalid

In an opinion that has the potential to seriously disrupt how U.S. companies can share data from Europe, on September 23, Advocate General (AG) Yves Bot of the Court of Justice of the European Union (CJEU) declared that the...more

Cybersecurity + Law Enforcement: The Cutting Edge Symposium | Friday, OctobeWU Law | Bristol,r 16, 2015 R Rhode Island

Cybersecurity, encryption, and government surveillance are daily challenges for public officials, corporations, and lawyers. On October 16, the Roger Williams University School of Law will present Cybersecurity and Law...more

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

FTC Fines Can Add Salt to a Cybersecurity Wound

Cyberattacks are on the rise—so much that we seem to hear about a high-profile hack more often than it probably rains in most parts of California. Although reputational damage from a cyberattack can be scarring, a recent U.S....more

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

SEC’s Increased Cybersecurity Enforcement and How to Reduce Your Risks

The SEC announced last week that an investment adviser had agreed to settle charges that it failed to take required steps to protect against and respond effectively to a cybersecurity breach. The action comes on the heels of...more

Just Like Neiman Case, FTC v. Wyndham Decision Not All It’s Cracked Up to Be

Back on July 20 this year, the Seventh Circuit Court of Appeals decided Remijas v. Neiman Marcus, leading a chorus of pundits to declare that case changed everything when it comes to data breach cases, signaling a “new tilt...more

Court says FTC has Power to Regulate Corporate Cybersecurity Policies (New Jersey)

Fed. Trade Comm’n v. Wyndham Worldwide Corp., 2015 WL 4998121 (3d Cir. N.J. Aug. 24, 2015) - In this Federal Trade Commission investigation, the FTC alleged that the defendant’s cybersecurity policies resulted in unfair...more

Return of the Cyborg—FTC and SEC Oversight of Cybersecurity Ramps Up

The government appears to be increasing its enforcement efforts regarding cybersecurity risks. A three-judge panel of the U.S Court of Appeals for the Third Circuit recently held the FTC may bring a claim that a company’s...more

Financial Services Report, Fall 2015

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms...more

FTC v. Wyndham Worldwide Group - A Warning From the Third Circuit

On August 24, in  FTC v. Wyndham Worldwide Corp. et al, the Third Circuit Court of Appeals affirmed that the FTC could enforce its own reasonable interpretation of what cybersecurity standards are necessary to avoid...more

Ashley Madison Breach Another Warning To Companies

Add dating website Ashley Madison to the list of large companies like Target, Home Depot and Michael’s that have had customer information stolen by hackers. Published reports say Ashley Madison is now facing multiple lawsuits...more

Securities Litigation and Enforcement Newsletter

A CD or not a CD, That is the Question… That the Auditors Should Have Answered - A headline-grabbing SEC enforcement action last week against BDO USA and several of its national partners may lead audit firms to insist on...more

Advertising Law - September 2015

Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency may...more

Data Breach Response Planning: Laying the Right Foundation

Part of Bradley Arant’s Privacy and Information Security Team’s seven-part Data Breach Toolkit Webinar Series, the “Data Breach Response Planning: Laying the Right Foundation” webinar, led by Paige Boshell and Amy Leopard,...more

FTC Chairwoman Ramirez Urges Start-Ups to Establish a “Culture of Security”

On September 9, FTC Chairwoman Edith Ramirez delivered remarks at the Start For Security workshop, an FTC initiative intended to provide start-ups and developers with the resources and information necessary to integrate...more

SEC and DOJ Hacking Prosecutions Highlight SEC’s Increased Interest in Cybersecurity Risks

Companies are reminded of the need for strong internal controls. The US Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) recently filed civil and criminal actions in the largest hacking and...more

FTC to Host Privacy and Security Event

On August 28, the FTC announced that it will hold a public event, PrivacyCon, to examine current research and trends in protecting consumer privacy and security. Several “whitehat” researchers, academics, industry...more

Third Circuit to Wyndham (Part II): "Deceptive" is also "Unfair" in the Cybersecurity Context

In Part I, we discussed the Third Circuit's finding that the "unfair" prong of the FTC Act does not require the agency to provide specific cybersecurity standards with "ascertainable certainty" to which companies must...more

The WSGR Data Advisor - September 2015

In this issue of The WSGR Data Advisor, we examine the FCC’s recent TCPA declaratory ruling and order addressing issues regarding calling and texting consumers, and discuss the new privacy, data security, and transparency...more

[Webinar] The Digital Health Update: Recent Developments in the Regulation of Medical Devices and Health Apps - Sept. 22nd, 1:00...

Tuesday, September 22, 2015, 1:00 P.M. CST -- Both the FDA and the FTC have been busy this summer. Just this month, both agencies took their strongest actions to date relating to cybersecurity and the regulation of medical...more

Wyndham v. Deflategate: Where Are the Goal Posts?

As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY)...more

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