Encryption

News & Analysis as of

LinkedIn Grapples with the Ripples of a 2012 Data Breach

Last week on the official LinkedIn blog, the company’s chief information security officer, Cory Scott, reported the company had become aware of an additional set of data that has just been released consisting of e-mail and...more

TeslaCrypt Ransomware Developers Retire, Release Master Decryption Key

Ransomware is a particularly nefarious type of malware that hijacks computers and forces victims to pay a ransom in order to access their files. One of the reasons it is so successful is because ransomware developers use...more

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A....more

The Scariest Hack So Far

Hackers have upped the ante. Data controllers wax fondly about the good old days when data was outright stolen. Back then, in 2013, there was a sense of fair play. Trolls did troll things. Assuming the victim implemented and...more

Trusts and Estates Group News: Estate Planning Enters the Digital Age

One reality of modern life is our increasing reliance on digital information and services. It’s difficult to take and then order prints of photographs, accumulate travel rewards, book travel, sort through financial records,...more

Office of the Comptroller of the Currency Issues Guidance on Banks' Maintenance and Retention of Records and Examiner Access

The OCC issued a bulletin reminding all OCC-supervised banks of their obligations to maintain and retain their records and the OCC’s authority to obtain prompt and complete access to each bank’s books and records and...more

PCI SSC Releases Version 3.2 of Data Security Standard

On April 28, 2016, the Payment Card Industry Security Standards Council (the “PCI SSC” or “Council”) released a new version of its Data Security Standard (“PCI DSS”), version 3.2. Significantly, the updated standard requires...more

Nebraska Amends Data Breach Notification Law

On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed LB835 into law. The Amendment included a variety of changes, including a regulator notification requirement and...more

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

New Encryption Guidance Published by the ICO

The UK Information Commissioner’s Office (ICO) has released updated guidance on the use of encryption. The guidance highlights that in many areas, the ICO expects encryption software to be used, and in the future where data...more

Nebraska Amends Its Data Breach Notification Statute

Since the beginning of 2015, numerous states have amended their data breach notification statutes to include expanded definitions of personal information, clarifications on encryption standards, and new notice content and...more

Bypassing Encryption Under Court Orders: New Bill Scares the Privacy Community

Senators Diane Feinstein and Richard Burr have released a discussion draft on providing technical assistance to law enforcement seeking to gain access to encrypted information pursuant to a court order. The draft has been...more

Need to Decrypt an iPhone? There’s an “Act” for That

A pair of recent cases pitted the U.S. Department of Justice (DOJ) against Apple, Inc. (Apple) in a Herculean struggle between asserted interests in national security and privacy. In both cases, the DOJ relied on the same...more

Senators Release Draft Of Bill To Require Technology Companies To Assist Law Enforcement With Access To Encrypted Data

On April 13, 2016, Senate Intelligence Committee Chairman Richard Burr (R-NC) and Vice Chairwoman Dianne Feinstein (D-CA) released a new draft of a bill that would effectively prohibit unbreakable encryption and require...more

Tennessee Gives Businesses 45 Days for Data Breach Notice

Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more

Nebraska Makes Changes to Data Breach Statute

Nebraska Governor Pete Ricketts has signed LB835 into law, updating the state’s data breach notification statute. The changes take effect on July 20, 2016. With the updates, Nebraska joins a growing number of states...more

Tennessee Amends Its Data Breach Notification Laws

Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

In Case You Missed It: Launch Links - April 2016 #2

Some interesting links we found across the web this week: Beneath the Hype: Why Developers & Entrepreneurs Should Be Excited About the Rise of Chat Bots - Last week we featured autonomous hardware as a growth area...more

Weekly Web Wrap-Up

Friend a Bot on Facebook? Messenger Launches Business Chatbots - At Facebook’s annual developers conference F8 this week, Facebook confirmed that Messenger will allow brands and companies to build bots that interact...more

WhatsApp adds end-to-end encryption

More than a billion people on the planet use online messaging service WhatsApp to send and receive messages, photo and videos and to make phone calls over the Internet. Most of WhatsApp’s users are outside the United States....more

In Case You Missed It: Launch Links - April 2016

Some interesting links we found across the web this week: - Startup Funding Deals Fall to Lowest Level in Four Years - The Q1 numbers came in this week and they’re not pretty, showing the fewest total venture...more

European Securities and Markets Authority Proposals to Improve Access by Regulators to Trade Repository Data

The European Securities and Market Authority published its final report containing final draft amending regulatory technical standards regarding requirements for regulator access to Trade Repositories data and the subsequent...more

Important Notice Regarding Amendments to Tennessee's Breach Notification Statute

All companies with Tennessee employees or customers need to revise their data incident policies and procedures. Tennessee has revised their breach notification statute to remove the encryption safe harbor, which previously...more

Tennessee Amends Breach Notice Statute: Sets Notice Deadline, Eliminates Encryption Safe Harbor

Tennessee recently amended its data breach notification law, and in doing so, it has joined the ranks of states like Florida, Ohio, and Wisconsin that require notification to residents of a data breach within a defined time...more

More Questions than Answers – The DOJ’s Sudden Change in Tactics in the Apple iPhone Encryption Dispute

In the ongoing iPhone encryption battle between the Department of Justice (“DOJ”) and Apple, March 22, 2016 might have been a pivotal moment in the national discourse on digital privacy rights, encryption, and the bounds of...more

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