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The Case of the Vanishing Twitter Account and CFAA Liability

Last week, an unknown Twitter contractor briefly suspended President Trump’s Twitter account. The episode lasted 11 minutes. On its face, it may seem like a relatively small matter, but existing law could make a federal case...more

Corridors October 2017 - News for North Carolina Hospitals

IRS Revokes Hospital's Exemption Under Section 501(c)(3) for Failure to Comply with Community Health Needs Assessment Requirements - On August 4, 2017, the Internal Revenue Service (IRS) released its first revocation of a...more

Shorts on Long Term Care - October 2017 - News for the NC LTC Community

The Citation of Immediate Jeopardy Deficiencies Against Nursing Facilities: Unforeseen Consequences - There are no words more feared by a skilled nursing facility Administrator during an annual recertification survey or...more

Lessons from the Equifax Breach

As data breaches go, they don’t get much bigger than this. On Thursday, September 7, credit reporting giant, Equifax, reported that it had suffered a cyber-incident. 143 million consumer records, including names, birth dates,...more

CyberSecurity Concerns - Hackers, The Seventh Fleet And Human Error

When the USS John S. McCain collided with the tanker Alnic MC near Singapore, it was the third such collision this summer. The ship sustained damage at the waterline, flooding a crew sleeping area. Such incidents are...more

Court Rules That First Amendment Limits, But Does Not Nullify, Public Officials’ Ability To Block Online Critics

In Packingham v. North Carolina, 137 S. Ct. 1730, 1735 (U.S. 2017) the Supreme Court of the United States held that N.C.G.S. § 14-202.5, a North Carolina statute that barred registered sex offenders from websites such as...more

Five Takeaways from the OCR Reminder on HIPAA Obligations In Ransomware Incidents

Apparently prompted by the recent high-profile wave of ransomware attacks, the Department of Health and Human Services’ Office of Civil Rights (OCR) has reminded hospitals, healthcare systems, and other covered entities and...more

An American Tech Company in King Brussels’ Court: A Cautionary Tale

The European Union’s antitrust regulator recently imposed a record €2.42 billion fine against Google, finding that the company had “abused its market dominance as a search engine by giving an illegal advantage to another...more

Ten Months And Counting: Five Things Your IT Department Needs to Know to Prepare for GDPR

The hour cometh. The European Union’s General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) goes into effect on May 25, 2018. If a company processes or stores the personal data of EU residents (not...more

Yes, There is the Right to Facebook (Or Tweet) in the Constitution

We had previously written about Packingham v. North Carolina, where the Supreme Court of the United States confronted the question of whether, in an effort to protect minors, States can bar individuals on the sex offender...more

The WannaCry Affair - Three Cyberinsurance Related Tips for Clients

As we have previously noted, a recent ransomware attack crippled over 75,000 computers in over 100 countries. The “WannaCry” appears to be the largest Ransomware attack to date. However, cyber-experts are already warning of a...more

Wave of Ransomware Attacks Cripples Dozens of Institutions Worldwide Including Britain’s NHS

Movie buffs are familiar with a favored narrative arc: something with tremendous power, such as the Ebola virus, escapes from its clinical confines and proceeds to wreak havoc on the world. (It also works with aliens, ghosts,...more

5/15/2017  /  Cyber Attacks , Cybersecurity , Ransomware , UK

First HIPAA Settlement Involving Wireless Health Services Provider

We have previously written that the Internet of Things continues to spawn new cybersecurity and privacy concerns. These vulnerabilities have already served as plot devices for shows such as Homeland. Now, the U.S. Department...more

The Tax Man Cometh For Bitcoin - NC Privacy Blog Talks To Digital Assets Tax Policy Coalition Counsel Cameron Arterton

A federal judge recently ruled that America’s largest Bitcoin service was obligated to provide the Internal Revenue Service with extensive transactional records concerning the financial transactions of its members. The...more

3/28/2017  /  Bitcoin , Darknet , FinTech , IRS , Summons

The Bitcoin Blockchain: SEC May Approve Winklevoss Twins’ Bitcoin ETF

Blockchain has been compared to the early days of the Internet: nearly everyone believes that it’s a world-changing technology with tremendous potential, but no-one can predict who the ultimate winners will be or what impacts...more

3/10/2017  /  Bitcoin , Blockchain , ETFs , Facebook , Investment Funds , SEC

The Empire (State) Strikes Back: Six Highlights of New York’s New Cybersecurity Regulations for Financial Institutions

The New York Department of Financial Services (NYDFS)’s finalized Cybersecurity Requirements for Financial Services Companies (“regulations”), went into effect on March 1, 2017. NYDFS has provided a 6 month safe harbor to...more

New Regulatory Developments in Blockchain Finance

Blockchain technology combines several features of existing financial infrastructure. It is partly a mass repository of historical transactions, partly a decentralized clearinghouse, and partly a digital currency. It is also...more

No, A Little Noticed Executive Order Did Not Kill Privacy Shield

We have previously noted that the the U.S.-E.U. Privacy Shield data transfer may not be dead, but it is ailing. These concerns have been exacerbated by a January 25, 2017 presidential Executive Order (EO) “Enhancing Public...more

Blame Hollywood: A Conversation with Stewart Baker, former General Counsel of the National Security Agency

Editor's Note: In the world of cyber law, privacy and cybersecurity, one of the largest and most colorful figures is Stewart Baker, whose resume includes a stint as General Counsel at the National Security Agency and...more

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

Locked in Sixty Seconds: Ransomware, Remote Access, and the Brave New Internet of Things

A few months ago, we analyzed ransomware incidents and offered some suggestions for handling an episode. Ransomware is a cyberattack in which a hacker uses malware to take control of computer systems. The system owner is...more

Four Points And A Stick: What You Can Do Right Now to Prepare for the European Union’s General Data Protection Regulation

It's coming. The European Union’s General Data Protection Regulation (GDPR) will come into effect on May 25, 2018. If your business involves processing EU citizen data, you will be subject to GDPR – even if your sole location...more

The Nation's First Cryptocurrency Law: A Chat With North Carolina’s Commissioner of Banks

North Carolina made history when it passed the nation’s first law addressing issues surrounding blockchain and virtual currency. NC Privacy Law Blog recently sat down for a conversation with the man whose office played a key...more

The Day After: What The Election Tells Us About Big Data

The Dewey-Beats-Truman results of last night show the current limits of Big Data and Predictive Analytics. It is an unquestioned maxim that personal data is the new oil of the digital economy. Given enough information...more

"They Can't Do That To Our Pledges; Only We Can Do That To Our Pledges”: Admiral, Big Data, Privacy, and The Internet of Things

Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer...more

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