Federal Bureau of Investigation

News & Analysis as of

Data Breach Decision Points: Part 4

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing...more

A New Chapter in the Cybersecurity? Is there a Role for Active Deterrence?

In the 1969 film Butch Cassidy and the Sundance Kid, after Butch and Sundance rob Union Pacific Railroad (“Union Pacific”) the first time, Union Pacific employs a stronger safe. After Butch and Sundance rob Union Pacific a...more

Ransomware: To Pay or Not to Pay

Ransomware poses one of information security’s biggest threats, right alongside infamous data breaches and high-profile Distributed Denial of Service (DDoS) attacks. Ransomware. It’s a data security buzzword that has...more

What Happens When My Company Receives a National Security Letter? A Primer

Even today, most companies—even technology companies—do not think they have information that the U.S. Government wants or needs, particularly as it might relate to a national security investigation. The reality is that as...more

Ransomware? Don’t Pay It, Says FBI

What should companies do when ransomware hits? The FBI says: (a) report it to law enforcement and (b) do not pay the ransom. Given the recent onslaught in ransomware attacks—such as a 2016 variant that compromised an...more

Investigators Continue to Scrutinize Climate Change Disclosures

Critics Claim “Intimidation” - Earlier this month, on September 14, 2016, feuding parties gathered before the House Committee on Science, Space and Technology to address the legitimacy of subpoenas sent to the New York...more

Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

Home Grown Terrorism: The FBI and DEA Need to Drop “Sting Operations” and Focus on Americans Who Are Radicalized Here

A short while ago 49 people were killed in a club in Orlando Florida. Last week bombs exploded in NYC’s Chelsea and Linden, New Jersey. These incidents reveal a very troubling issue for security in the United States. Each of...more

Ten Things You Need To Know About Ransomware

In 2013, hackers attacked a venerable Swansea, Massachusetts institution via ransomware. Ransomware is software that locks users out of computers or specific files until the victim pays a “fee” to release the lock. Such...more

Former Home Health Agency Owner Sentenced to 20 Years for $57MM Medicare Fraud

The US Department of Justice announced that Khaled Elbeblaswy, the former owner and manager three Miami-area home health agencies, was sentenced to 20 years in prison and ordered to pay $36.4 million in restitution for his...more

Back to School – Avoiding Theft of Data and Money via the “Business Email Compromise” Scam

The FBI warned this summer that the “Business Email Compromise” (“BEC”) scam continues to grow, evolve, and target businesses of all sizes. As reported by the FBI in June, the scam had hit more than 22,000 victims for a...more

FBI Issues a Private Industry Alert for State Election Systems

The Federal Bureau of Investigations (FBI) issued a private industry alert on August 18, 2016, to State Boards of Election to alert them of hackings into Board of Election websites. ...more

Educational Institutions Targeted in Fraudulent Payment Requests

Educational institutions should be aware of fraudulent request for payments from vendors. The FBI Boston Division identified three incidents over the past month where perpetrators submitted fraudulent transfer authorization...more

White House Releases Policy Directive On Cyber Incident Coordination

On July 26, 2016, the White House approved a Presidential Policy Directive (“PPD”) on coordinating responses to cyber incidents that occur in the United States. The PPD seeks to clarify who in the federal government is...more

The Guantánamo Trials: No End in Sight - Buchalter Nemer

From May 30 to June 3, 2016, I represented the Pacific Council as an official observer at pre-trial hearings for Khalid Sheikh Mohammed (KSM) and four other alleged masterminds of the World Trade Center and Pentagon attacks...more

Ransomware Attacks on ePHI May Be a Data Breach Under HIPAA

On July 11, 2016, the Office of Civil Rights (“OCR”) at the Department of Health and Human Services issued new HIPAA guidance regarding the growing epidemic of malicious computer software known as “ransomware”....more

Health Care Fraud Prosecutions: Strong Seas and High Winds Ahead for Individuals and Corporations

During the past nine months, the U.S. Department of Justice (DOJ) has made several significant policy pronouncements that impact health care organizations and individual providers. These directives and initiatives reflect...more

Analogizing an Internet Accessible Computer to Broken Window Blind, Court Finds No Expectation of Privacy in Computers

A federal court in the Eastern District of Virginia has held that a user utilizing a computer connected to the Internet has no expectation of privacy because hackers have repeatedly demonstrated their ability to circumvent...more

What if Apple and the FBI went to SCOTUS?

Davis Wright attorneys Robert Corn-Revere and Ronald London recently argued the privacy and First Amendment interests in a “moot Supreme Court” session at the Newseum that sought to approximate appellate review of the issues...more

Senate Rejects Amendment That Would Expand The FBI’s Data Collection Powers

On Wednesday, June 22, the U.S. Senate voted down a proposal that would have expanded the Federal Bureau of Investigation’s (“FBI”) ability to obtain internet records from technology companies. The measure, a proposed...more

Latest Developments in US Privacy and Technology Law

This update provides a snapshot of the Senate’s vote on expansion of the FBI’s National Security Letter authority and the House’s upcoming vote on the Financial Services and General Government appropriations bill as it...more

Controversy looms over ECPA amendment in wake of Orlando terrorist attack

After the terrorist attack in Orlando, Florida, early this month, the Electronic Communications Privacy Act (ECPA) has been discussed quite a bit. The ECPA, a law which took effect in 1986, limits the government’s access to...more

Ransomware Update: The FBI Weighs In

The FBI recently released an article discussing the spate of ransomware attacks on a variety of different entities, including hospitals. In the article, the FBI warned that ransomware attacks and the cybercriminals carrying...more

Cybersecurity and Data Privacy: FBI Issues Public Service Announcement About Recent E-Mail Scam Targeting Businesses (6/16)

On June 14, 2016, the Federal Bureau of Investigation (FBI) issued a public service announcement relating to a recent surge in ‘business e-mail compromise’ (BEC) scams, which are sophisticated scams that target businesses...more

Court Has Inherent Authority to Supervise CSSP, Including Sanctioning Attorneys for Ethical Violations and Misconduct

On June 2, 2016, the U.S. Court of Appeals for the Fifth Circuit addressed another matter of alleged attorney misconduct in a Deepwater Horizon claims case and the District Court’s authority to impose sanctions for...more

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