Federal Bureau of Investigation

News & Analysis as of

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

FBI Report: Ransomware and Phishing Scams Increasing

We can’t go a week without commenting on how rampant ransomware is in the industry. The FBI recently released a report confirming how devastating ransomware has become for U.S. businesses....more

This Man Is Dodging Wall St.

Rather than confront accusations of baseless zeal and prosecutorial overreach, New York federal prosecutor Preet Bharara would rather spend his energy dodging accountability. In 2010, Bharara launched a crusade against...more

Privacy Tip #37 – Beware of fake USB drives and phone chargers

USB drives and phone chargers are expensive. Hackers know that. One way hackers are gaining access to get into computers to steal data is by planting USB drives and phone chargers in public areas, hoping someone will pick it...more

Kansas Heart Hospital pays ransom but attackers renege on their word

In a rare and twisted result, Kansas Heart Hospital was hit with a ransomware attack on May 18th, and made the decision to pay a “small amount” to the attackers in order to get its data back. Kansas Heart stated that no...more

Cyber Attacks on Vulnerable Financial Institutions Linked to North Korea

Has North Korea struck again? Do its recent attacks signal a shift from those motivated by political retribution to those motivated by financial gain? What does this mean for financial institutions?...more

Beware of Emerging Cyber Scams – Part 1: Business Email Compromise

This is the first in a series of articles about increasingly sophisticated cyber scams, and follows several alerts issued by the FBI’s Internet Crime Complaint Center (IC3). These scams include: (1) Business Email...more

New FBI Ransomware Alert: Bureau Provides Key Guidance for Prevention and Business Continuity Planning

The Cyber Division of the Federal Bureau of Investigation (FBI) recently issued a new ransomware notice. The notice encourages organizations, regardless of industry and size, to focus on two areas in their efforts to minimize...more

Also In the News - Data, Privacy, & Security Practice Report - May 2016 #2

K&S Client Alert: Third Try Is A Charm: Defend Trade Secrets Act Of 2015 Enacted Into Law—For the third consecutive year, Congress introduced legislation to create a federal civil cause of action for trade secret...more

An Addendum to the Scariest Hack So Far

Andy Johnson-Laird, President of Johnson-Laird, Inc., was kind enough to offer advice on three security techniques he recommends to detect and deny hackers, such as those we discussed in last week’s blog post....more

Notice of proposed rulemaking, exemption for biometrics database from the grasp of the Privacy Act

Last week, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking in the Federal Register moving to exempt the FBI’s biometrics database from the notice and consent provisions of the Privacy Act of 1974...more

Supreme Court Eases Limits On U.S. Government Hacking Authority

On April 28, 2016, the U.S. Supreme Court approved amendments to Rule 41 of the Federal Rules of Criminal Procedure that would allow federal judges to issue search warrants granting remote access to electronic devices outside...more

FBI Warns of the Rise in Ransomware

On April 29, 2016, the Federal Bureau of Investigation (FBI) released a warning regarding the increase in ransomware cyberattacks. During 2015, law enforcement saw an increase in ransomware attacks, particularly against...more

No Password? See You In Court?

Many headlines have been generated over recent attempts to recover highly desired data from a locked smart device after the death of the device’s owner. While the legal battle between Apple and the FBI over information...more

Lyft, Uber Withdraw From Austin After Defeat at the Ballot Box

Lyft and Uber announced that they were shutting down operations in Austin following a disappointing defeat in a special election held Saturday, May 7, 2016. The election was held to vote on the TNC-sponsored Proposition 1,...more

FBI Returns to House Where it Did Not Find Gardner Museum Art Before, Does Not Find Gardner Museum Art There

Refreshingly, March 18 passed this year without the usual breathless maybe-it’s-about-to-turn-up coverage that has often been manufactured each year on the anniversary of the Isabella Stewart Gardner heist of 1990. That...more

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