News & Analysis as of

Massachusetts develops a remote controlled contraceptive chip

Ladies and gentlemen, introducing the remote controlled contraceptive computer chip. Releasing measured doses of the levonorgestrel hormone, these computer chips can be implanted under a woman’s skin as a new form of birth...more

California Amends its Breach Notification Requirements (AGAIN)

New provisions about encryption, license plate recognition, and breach notification letters. California has long been a trendsetter with regard to security breach notification standards. In 2002, for example, California...more

California Amends Breach Notification Law: Unique New Refinements and Requirements

The California legislature has again amended the state’s breach notification statutes to impose new and unique requirements and refinements, adding further complexity to the patchwork of breach notification requirements....more

Should Smartphone Manufacturers Be Legally Compelled to Unlock Users’ Devices?

Picture this: A criminal defendant is indicted for three counts related to the possession of methamphetamine, and federal prosecutors obtain a warrant for the defendant’s iPhone. But the iPhone is passcode protected, and...more

California Updates Data Security Laws

Why it matters - The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by Governor Jerry Brown. Specifically, Senate...more

DOJ Announces Sentencing of Former DEA Agent for Criminal Involvement in Silk Road Investigation

On October 19, the DOJ announced that a former DEA agent was sentenced to 78 months in prison for crimes he committed while working as an undercover agent in the Silk Road investigation. On July 1, the former DEA agent...more

Data-Harvesting Zombie Hackers, Blood-Thirsty Auditors, and Other Reasons to be Scared on Halloween

This Halloween, the scariest monsters might not be in your closet or under your bed. They may be overseas, orchestrating intrusions into your electronic medical record. Or they may be lurking in your own workforce, carrying...more

The Patentability of Encryption Inventions

Encryption seems to be in the news quite a bit lately. Electronic retailers and government organizations have become targets of computer hackers across the globe, attacking their servers and obtaining sensitive information...more

California Expands Data Breach Notification Requirements

On October 6, 2015, California Governor Jerry Brown signed into law three bills, A.B. 964, S.B. 570, and S.B. 34, expanding the requirements of California’s data breach notification law. The new requirements will become...more

Google Mandates Full Disk Encryption

With the release of Android 6.0, code name Marshmallow, Google has mandated that OEMs (Original Equipment Manufacturers) enable full disk encryption. Google is requiring that the feature be enabled as part of the ‘out of box...more

California Does It Again – Data Breach Notification Requirements

California adopted the first breach notification statute in the nation, and prides itself at being in the forefront of consumer privacy and security issues. On October 6, 2015, for the third time in the past three years,...more

California Enacts More Sweeping Data Privacy Laws

Perennially leading the country — and challenging companies to keep up — California has, for the third time in three years, enacted several new data laws, including a groundbreaking digital privacy law and amendments to its...more

California Updates Data Breach Notification Statute

Three bills that will update California’s data breach notification requirements have been signed into law by Governor Jerry Brown. The bills impose specific requirements on providing breach notification to consumers, add a...more

California Beefs Up Encryption & Notice in Data Breach Law

On October 8, 2015, California Governor Jerry Brown signed A.B. 964 and S.B. 570 into law, a pair of bills that amended the Golden State’s data breach notification statute (Ca. Civ. Code § 1798.82). The amendments...more

California Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of...

California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new...more

California Enacts Three Bills Amending Breach Notification Statute

Last week, California Governor Jerry Brown signed into law three bills that revise California’s data breach notification statute. The bills, which take effect January 1, 2016, establish specific formatting requirements for...more

Will it Cost More To Protect Your Company and Board from Cyber Attacks?

Businesses may find it more challenging to purchase or renew cyber liability insurance coverage, according to recent articles by Advisen¹, Reuters, and follow-up communications with Robert Parisi, managing director and...more

California Updates its Data Breach Notice Statute (Again)—What You Need to Know

On October 6, California Governor Jerry Brown signed legislation updating California’s data breach notice statute for the third time in three years.  The news was quickly overshadowed by the CJEU’s decision invalidating the...more

California Governor Signs Law Amending Civil Code Privacy Provisions

On October 6, Governor Jerry Brown (D-CA) signed into law AB 964/Chapter 522, which, among other things, defines “encrypted” as it pertains to data breach notification requirements for business and public agencies....more

California Amends Its Breach Notification Statute

For the third time in as many years, California has once again amended its breach notification statute. This time it expanded the definition of “personal information,” clarified the term “encryption,” and mandated additional...more

California Updates Data Breach Notification Statute; Provides Model Notification Form

On October 6, California Governor Jerry Brown signed into law two different updates to California’s data breach notification statute. Both updates will become effective on January 1, 2016....more

Is Your HIPAA Compliance Program Ready for the FTC?

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

California Amends Definition of Personal Identifiable Information and Breach Notification Content Requirements

On October 6, 2015, California Governor Jerry Brown signed into law several changes to California’s Data Breach Notification Statute. The law, as amended, adds additional categories of information into the definition of...more

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

Investment Adviser Settles SEC Cybersecurity Enforcement Action; SEC Issues Investor Alert

On September 22, the U.S. Securities and Exchange Commission (“SEC”) and R.T. Jones Capital Equities Management, Inc. (“R.T. Jones”), a St. Louis-based investment adviser, settled charges that R.T. Jones failed to adopt...more

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