News & Analysis as of September 23, 2024

Cybersecurity › Stored Communications Act

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Phishing Subpoenas – A New Privacy Threat?

Bradley Arant Boult Cummings LLP on 8/27/2024

Privacy issues are inherent in almost all facets of a business — from operations, employment, and technology to customer service, contracts, legal and compliance — all with varying degrees of risk. Most companies mitigate...more

Digital Assets in Estate Planning: Cybersecurity Concerns and Considerations

Ballard Spahr LLP on 9/14/2020

With the rise of the digital world, many estate planning clients have accumulated large collections of “digital assets” that are stored online. In its simplest form, a “digital asset” is a non-physical asset that exists...more

Weekly Trends Report – 2/13/2019 Insights

Association of Certified E-Discovery... on 2/13/2019

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Cybersecurity Update: 2018 — A Year in Review

Kramer Levin Naftalis & Frankel LLP on 1/28/2019

This Update highlights key legal and policy developments in cybersecurity and privacy law that may impact important trends for 2019 and beyond. A central takeaway from 2018 is that regulators in the U.S. and abroad are...more

Court Rejects Evidentiary and CFAA Vagueness Challenges to Conviction for Botnet Hacking Scheme

Patterson Belknap Webb & Tyler LLP on 7/10/2018

In United States v. Gasperini, the Court (Cabranes, Lynch, Carney) resolved various challenges by Fabio Gasperini, an Italian citizen, to his conviction under the Computer Fraud and Abuse Act of 1986 (“CFAA”). ...more

International Law Bulletin - Vol. 22, No. 5

Nelson Mullins Riley & Scarborough LLP on 6/15/2018

INTERNATIONAL BUSINESS AND TRADE - Data Privacy - EU: The European Union (EU) brought into force the General Data Protection Regulation (GDPR) effective May 25, 2018 significantly enhancing the right of an individual to...more

CLOUD Act Aims for Clear Skies: Bipartisan CLOUD Act Seeks to Clarify Law Enforcement Access to Overseas Data

Bracewell LLP on 2/16/2018

In October 2017, the Supreme Court granted the Department of Justice’s petition to review the Second Circuit’s decision that limits the reach of warrants issued under the Stored Communications Act (“SCA”). Specifically, the...more

Carpenter v. United States Privacy Case Pushes Supreme Court to Decide Fourth Amendment Protections of Cell Phone Metadata

Mintz - Privacy & Cybersecurity Viewpoints on 1/30/2018

The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth...more

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

King & Spalding on 12/5/2017

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Drawing the Line: Supreme Court Addresses Major Privacy Rights in Cell Phone Dispute

Bradley Arant Boult Cummings LLP on 12/4/2017

On Wednesday, November 29, 2017, the Supreme Court heard arguments in the appeal of Timothy Carpenter, a man convicted and sentenced to 116 years for his role in a series of armed robberies. In proving his guilt, prosecutors...more

Supreme Court Hears Oral Argument Today in Major Case Regarding Cell Phone Location Privacy

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/30/2017

In Carpenter v. United States, federal investigators sought cellphone location data for a set of persons suspected in a series of robberies. The Fourth Amendment prevents the government from conducting unreasonable searches...more

Global Privacy & Cybersecurity Update Vol. 16

Jones Day on 11/21/2017

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Data Privacy + Cybersecurity Insider - October 2017 #3

Robinson & Cole LLP on 10/24/2017

Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks. The vulnerability, Key Reinstallation...more

PA Appellate Court Finds No Common Law Duty For Employer Handling Of Employee Info After Data Breach

Saul Ewing LLP on 1/16/2017

The Pennsylvania Superior Court held yesterday in Dittman v. UPMC et al. that an employer owes no common law duty under a negligence theory to use reasonable care in the collection and storage of employee information and...more

The Evolving Landscape of “Hacking Back” Against Cyber Attacks

Patterson Belknap Webb & Tyler LLP on 10/14/2015

Self-defense is a natural, almost reflexive human instinct. But it has a complicated history in American law, full of contradiction and compromise. Many jurisdictions have long recognized that an otherwise illegal act—such...more

Strategies For Businesses Protecting Electronic Data Within California

Nossaman LLP on 6/16/2015

Part One: The Computer Fraud And Abuse Act (18 U.S.C. § 1030 Et Seq.) - Data security is top-of-mind in today's corporate world. According to The Ponemon Institute's 2015 Cost of Data Breach Study, the average total...more

Strategies For Businesses Protecting Electronic Data Within California

Nossaman LLP on 6/4/2015

Businesses in California have a number of tools with which to fight off unauthorized intrusions into their electronic data whether perpetrated by employees, former employees, disreputable competitors or random hackers....more

I Want My Selfie Back!!!

JD Supra Perspectives on 9/4/2014

If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more

Privacy Class Action – Theories of Liability – 2013 Year in Review

BakerHostetler on 1/15/2014

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

Troutman Pepper on 12/19/2013

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately

Troutman Pepper on 12/19/2013

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Cybersecurity › Stored Communications Act

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