Passwords

News & Analysis as of

Border Searches of Your Electronic Devices — What Rights Do You Have?

The United States government has reported that border searches of electronic devices in the U.S. increased from 4,764 in 2015 to 23,877 in 2016. Because electronic devices have immense data storage capacity and can hold...more

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

Fiduciary Access To Digital Assets

I don’t need to tell you that social media has become a mainstream way to communicate ideas, photos, and information. Even the President uses this technology as a prime form of expression. Have you considered what happens to...more

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

New laws may give fiduciaries power to access digital assets

Historically, estate planning has been concerned with tangible assets, such as real estate and personal property, and intangible assets, such as securities and other investment assets. In the digital age, estate planning...more

Good Advice for Everyone: Ten Steps to Avoid Big Trouble

On both a business and individual level, there are ten easy steps you can take now to avoid big trouble later. If you address just five of these items this month, you will be half way there. Originally published in the...more

Notable New State Privacy and Data Security Laws – Part One

States aren’t static when it comes to data privacy and security laws. This is Part One of a two-part series about several new state privacy and data security laws that took effect within the last year. In this article,...more

Major League Baseball fines Cardinals and Plucks Draft Picks for Hacking the Astros

It doesn’t always pay to be a hacker. Major League Baseball (MLB) this week made a strong statement about its tolerance for teams hacking other teams. We previously reported on the incident when a Cardinals employee hacked...more

Unauthorized Computer Access, Without Service Interruption, May Be Cause for Action

In a case of first impression, the Eleventh Circuit has held that an employer need not show an interruption of service to prove actionable harm under the Computer Fraud and Abuse Act (CFAA) and other federal laws. This is...more

Data Privacy Day? Yep, it’s a Thing.

For a number of years now, January 28 has been marked as “Data Privacy Day” (or, for our European friends, “Data Protection Day”), and it is often overlooked observed in the United States, Canada, India and many European...more

Simple Steps to Help Keep Your Trade Secrets Safe

As illustrated by the recent lawsuit by America’s Test Kitchen against celebrity chef Christopher Kimball, companies in a variety of industries are vulnerable to losing their trade secrets....more

What Happens to your "Social Media" and other "Digital" Life when you Die?

Over the holidays, it’s likely that you or a loved one received some type of computer or device that connects to internet websites, e-mail and applications. Or that pictures were taken and stored on such a device, or that...more

FTC sues IoT Device Manufacturer D-Link for Lax Cyber Security Practices

On January 5, 2017, the Federal Trade Commission (“FTC”) filed a complaint against computer networking hardware manufacturer D-Link Corporation, alleging that the company’s wireless routers, IP cameras, and other “Internet of...more

Three States Join Others to Expand Personal Information Definition to Include Usernames or Email Addresses

Businesses should take steps to protect usernames, email addresses, passwords, and security questions and answers. A key issue in determining whether notification is required following a data breach is whether...more

Gifts that Don’t Quite Fit in Your Stocking: New Employment Laws Taking Effect in 2017

A number of new state or local laws are set to take effect in Illinois in 2017 which will require employers to update their employee handbooks, employment agreements, and other policies and procedures. We address the key...more

Password Sharing Is Not a Crime, Ninth Circuit Reassures in Denial of Nosal’s Request for Rehearing

Since the early days of this blog, we’ve been covering the ongoing legal battle involving ex-Korn Ferry recruiter David Nosal as it winds its way through the courts. The latest chapter in this saga came on December 8, 2016,...more

Yahoo Announces Hackers Stole More Than 1 Billion User Records

Yesterday, Yahoo, Inc. announced that it has detected a new data breach that occurred in August 2013 and involved data associated with more than one billion user accounts. Yahoo said that names, contact information,...more

Yahoo Announces Another Breach of One Billion Accounts

Yahoo Inc. announced on December 14th that hackers stole the personal information of more than one billion users, which is in addition to the 500 million accounts compromised that was announced in September....more

Wealth Management Update - December 2016

December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The December § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

Friend (or Foe) Requests: Using Social Media In Employment Litigation

Seyfarth Synopsis: Social media is a potential goldmine of information when it comes to defending against employment lawsuits—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the...more

Privacy Tip #59 – Check your Privacy Settings on Your LinkedIn Account

I am watching Game 7 of the World Series, and it is the bottom of the 8th and the score is 6-6. It is very difficult to concentrate on this blog post. So I am taking the easy way out and reminding you to check the...more

A Selfie’s Worth a Thousand Dollars

A picture might be worth a thousand words, but could it also be worth a thousand dollars? New technology by MasterCard and Amazon may mean that the new hammock you’ve been eying online is only a camera flash away....more

Latest Cyber Attack a Wake-up Call: What are your company’s IoT exposures?

The Internet of Things gives rise to many risks and exposures that companies and their insurers were not thinking about as recently as a couple years ago, and probably aren’t fully cognizant of today....more

Privacy Tip #56 – Be Careful Before You Link Your Home Appliance to Your Smartphone and Change Your Passwords Now

Last week, Brian Krebs reported that hackers using a malware dubbed “Marai” have identified hundreds of thousands of home and office devices that have weak security. Then the hackers released the malware publicly so anyone...more

Judge Approves LifeLock’s $68M Proposed Settlement with Class and $10.2M with Lawyers

On Tuesday, September 20, 2016, a federal judge in California granted approval of the $68 million settlement between LifeLock and a class of plaintiffs that alleged it made false statements about the services it provides to...more

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Cybersecurity

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