Data Security

News & Analysis as of

Home Depot directors prevail in cybersecurity liability claim

In our November 15, 2016, blog post, “Cybersecurity liability: Delaware has good news for directors,” we discussed an influential case that, while not directly dealing with cybersecurity, outlined the duty of oversight that...more

FriendFinder Data Breach Exposes 400 million+ Accounts

FriendFinder Networks is a company in the adult entertainment, social networking, and online dating space. Several databases from FriendFinder Networks web sites with more than 412 million accounts, including usernames,...more

Compliance Clock Begins to Tick for BIAS Providers Following Publication of Privacy Rules in the Federal Register

The FCC’s new privacy rules were published in the Federal Register last Friday, December 2, 2016. The publication of these rules initiates the period in which broadband ISPs must come into compliance with the agency’s...more

Cell Phone Manufacturer and Firmware Provider Hit with Consumer Class Action Over Extracting and Transmitting User Information...

A recent class action lawsuit is alleging that cell phone manufacturer Blu Products, Inc. (“Blu”) and firmware providers Shanghai Adups Technology Co., Ltd. and Adups USA LLC (“Adups”) violated several federal privacy laws by...more

In Case You Missed It: Launch Links - November, 2016 #4

Some interesting links we found across the web this week: The Tough Questions You Must Discuss Before You Take the Money - VCs and the founders should get on the same page before signing on the dotted line. ...more

"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

Data Security for Employers: An Update

Employers store, manage, and share sensitive data about employees. The Navigator and other commentators have written a lot about issues related to personally identifiable information, health-related data, and employee...more

New FTC Data Breach Response Guidelines

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

New California AG Appointed with Possibilities for Privacy Enforcement

With the election of current California Attorney General Kamala Harris to the U.S. Senate, Governor Jerry Brown was tasked with appointing her replacement. On December 1, he announced that his pick is U.S. Representative...more

There’s No Flying Under the Radar: Why Small Businesses Should Get Smart About Information Security

The latest publication by the National Institute of Standards and Technology (NIST), entitled “Small Business Information Security: The Fundamentals,” aims to promote and assist small businesses in their efforts to manage...more

What to Expect From the Trump FCC

In the days since the recent election, many tech, media and telecom industry observers remain unsure of what to expect from the Federal Communications Commission under the Trump administration. Fortunately, there are some...more

Companies Perceived By FTC As Emerging Threats

As discussed in the previous section, the FTC collects complaints about organizations that allegedly violate the data privacy, data security, advertising, and marketing laws. Each month DPI creates a “Surge” report that...more

Beware of Phishing Email Disguised as Official OCR Audit Communication

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has posted an alert (and a follow-up alert) warning health plans, health care providers, and their vendors of a mock communication...more

FTC Publishes Data Breach Response Guidelines

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more

Cybersecurity Guidelines for Vehicles

With the prevalence and increasing severity of cyber-attacks, and in the wake of the recent, massive denial of service attack on Dyn, there is a growing public awareness of the potential risks associated with security...more

Cybersecurity 2017 – The Year in Preview: Emerging Security Threats

Editor’s note: This is the fourth in a continuing end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, and HIPAA compliance. Our last two posts will focus on the energy...more

11th Circuit better defines FTC’s ‘Unfair’ standard – The details are in the damage

In November 2016, the Court of Appeals for the 11th Circuit stayed a Federal Trade Commission (“FTC”) Final Order enforcing a complaint against LabMD related to the exposure of customer data. In the process of issuing the...more

China Finalizes New Cyber Security Law

China has finalized a broad new Cyber Security Law, its first comprehensive data privacy and security regulation. It addresses specific privacy rights previously adopted in the European Union and elsewhere such as access,...more

Privacy Perils: Choose Your "Friends" Wisely - Thought Leadership - Bass Berry

By press release on Monday, November 14, 2016, adult website operator Friend Finder Network, Inc. (FFN) confirmed it was addressing "a security incident involving certain customer usernames, passwords and email addresses."...more

DFARS and DIB: Compliance Steps for DoD’s Newly Finalized Cybersecurity Rules for Contractors

For businesses that work with the U.S. Department of Defense (“DoD”), two important rules for safeguarding certain categories of sensitive information and reporting cyber incidents were recently finalized, updating the...more

Center for Cyber & Homeland Security Issues Report on How the Private Sector Can Actively Defend Against Cyber Threats

Earlier this year, the Center for Cyber & Homeland Security at the George Washington University (“Center”) announced a new project on active defense against cyber threats. The Center established a high-level task force to...more

The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the...more

Privacy Tip #62 – PoisonTap Can Compromise Computer with USB Stick

Security researcher Samy Kamkar has announced that a new hacking tool—PoisonTap—can be loaded onto a USB stick and used to hijack the Internet connection of one’s computer....more

House Committee Warns Congress to Set Security Standards

Recently, members of the House Energy and Commerce Committee told Congress that they must set cyber security standards for all devices connected to the internet or else face the possibility of a major cyberattack that could...more

Trends: Technology

Throughout the remainder of 2016 and into 2017, we will be providing key insight into current trends across different industries. The first in our series concerns technology, with a particular focus on financial technology...more

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