News & Analysis as of May 9, 2025

Cybersecurity › Encryption › Federal Trade Commission (FTC)

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Federal Law Enforcement Recommends Encrypted and Ephemeral Messaging

Cooley LLP on 1/16/2025

In light of recent reports of cyberattacks on telecommunications companies, the FBI and the Cybersecurity and Infrastructure Security Agency (CISA) issued a series of reports and statements recommending secure communications,...more

Mixed Messages: The Salt Typhoon Encryption Debacle

Benesch on 1/8/2025

While the balance of security, privacy, and public safety has always been a concern, recent cyberattacks have highlighted conflicting guidance by United States government officials, creating potential pitfalls for businesses....more

FTC Enters Consent Agreement With Blackbaud Following Major Data Breach

WilmerHale on 2/23/2024

On February 1, the Federal Trade Commission (FTC or “the Commission”) announced that it had reached a settlement with Blackbaud, a software company, resolving claims related to a 2020 data breach that resulted in the...more

Complying With the FTC's Amended Safeguards Rule

Bradley Arant Boult Cummings LLP on 6/7/2023

Cybersecurity is a looming threat for most businesses. The impact of a major cyber event can resonate for weeks, months, and even years after the initial attack. To mitigate the risks to consumers, there have been several...more

Four Data Security Safeguards the FTC Would Like Companies To Adopt in 2023

Perkins Coie on 1/12/2023

Data security will undoubtedly remain an enforcement priority for the Federal Trade Commission in 2023. A presentation on the FTC’s approach to data security by Deputy Chief Technologist Alex Gaynor at a Commission open...more

Encrypt Consumer Data When Your Privacy Policy Says You Encrypt Consumer Data

Hinshaw & Culbertson - Privacy, Cyber & AI... on 6/16/2021

Once again, we see that inaccurate information in a privacy policy can land an organization in hot water. On June 7, 2021, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass pertaining to its...more

FTC “Zooms” Into Settlement Agreement with Communications Company Over Concerns with its Security Practices

McGuireWoods LLP on 12/2/2020

On November 9, 2020 the FTC entered into a consent agreement with Zoom Video Communications, Inc. to address concerns over the videoconferencing platform’s security practices. With the onset of the COVID-19 pandemic, the need...more

FTC Announces Settlement With Zoom Resolving Data Security Concerns

Vinson & Elkins LLP on 11/20/2020

On November 9, 2020, the U.S. Federal Trade Commission (“FTC”) announced a proposed settlement with Zoom Video Communications, Inc. (“Zoom”), a video conferencing provider, to resolve claims that Zoom deceived users about the...more

FTC And Zoom Reach Settlement Over Alleged Privacy And Data Security Misrepresentations

Goodwin on 11/18/2020

On November 9, 2020, the Federal Trade Commission (“FTC”) announced a settlement with Zoom Video Communications, Inc. (“Zoom”) to resolve allegations that the company misled customers about steps it had taken to protect...more

Zoom Agrees to Settle FTC’s Data Security Charges

Kelley Drye & Warren LLP on 11/11/2020

Seven months after being called upon by members of Congress to investigate Zoom’s data security practices, a divided FTC announced on November 9 a settlement with the videoconferencing platform....more

FTC - Zoom consent order: implications for remote workforces

Ballard Spahr LLP on 11/11/2020

On November 9, 2020, the Federal Trade Commission (FTC) announced in a press release that it had reached a settlement with Zoom Video Communications, Inc. (Zoom) to resolve allegations that Zoom had engaged in unfair and...more

New Trends Emerge in FTC Data Security Orders, Including Emphasis on C-Suite Involvement

Sheppard Mullin Richter & Hampton LLP on 1/15/2020

The FTC recently summarized three major changes it made to its orders in data security cases. In a blog signaling these changes, the FTC Indicated that some of the things it has been requiring of companies in 2019 are here to...more

Twenty Years Under the Microscope: A Small Business, a Data Breach and the FTC

Sunstein LLP on 8/30/2019

James Grago has a nice business going. He runs a website called ClixSense.com that permits users to earn money by completing surveys and watching advertisements. Revenues grew from $6.7 million in 2015 to $9.1 million in...more

Five Steps to Mitigate CCPA Class Action Risk: What Companies Need to Do to Increase Data Security

Fenwick & West LLP on 8/25/2019

While many companies and service providers are spending significant time and budget on the privacy-related requirements of the forthcoming California Consumer Privacy Act (CCPA), the largest exposure for companies not selling...more

Recent FTC Settlements Highlight Risks of Flawed Information Security Practices and Related Representations

Akin Gump Strauss Hauer & Feld LLP on 7/23/2019

In a set of recent settlements, the Federal Trade Commission (the FTC or Commission) resolved charges against two companies, ClixSense and D-Link, for failing to provide reasonable security and to live up to their data...more

Wrapping Your Privacy Practices Up with a Bow

Ward and Smith, P.A. on 12/22/2017

For many companies, the "hap-happiest season of all" coincides with the busiest season of all. Business owners and employees are racing to fill customer orders in time for the holidays, which also means an avalanche of new...more

Privacy & Cybersecurity Update - October 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 11/2/2017

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Commission's annual review of the Privacy Shield, a potential threat to the European Union's "standard contractual clauses," a push by...more

Building a Health App? Part 6: HIPAA and Other Privacy and Security Considerations

Mintz - Health Care Viewpoints on 10/26/2017

Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps....more

FTC’s “Stick With Security” #4: Store Sensitive Information Securely & Protect It During Transmission

Snell & Wilmer on 10/16/2017

On August 18, 2017, the FTC released its fourth “Stick with Security” principle, which explained the importance of keeping confidential data only when needed, and securely storing the data when it must be kept. To that end,...more

Global Privacy & Cybersecurity Update Vol. 14

Jones Day on 6/5/2017

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

FTC Makes Clear that NIST Cyber Framework is Not a Cure-All

Orrick, Herrington & Sutcliffe LLP on 9/12/2016

Last week, the FTC published a blog post titled The NIST Cybersecurity Framework and the FTC, in which the agency issued a nuanced answer to an oft-asked question: “If I comply with the NIST Cybersecurity Framework, am I...more

Privacy & Cybersecurity Update - April 2016

Skadden, Arps, Slate, Meagher & Flom LLP on 5/3/2016

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

FTC Enforcement in Schein: Misleading Statements about Encryption and Cybersecurity

Orrick, Herrington & Sutcliffe LLP on 1/26/2016

On January 5, 2015, the Federal Trade Commission (FTC) entered into a consent order with dental software manufacturer Henry Schein Practice Solutions, Inc. ("Schein") in connection with allegations that Schein had made...more

Cybersecurity + Law Enforcement: The Cutting Edge Symposium | Friday, October 16, 2015 RWU Law Bristol, RI

Robinson+Cole Data Privacy + Security Insider on 10/2/2015

Cybersecurity, encryption, and government surveillance are daily challenges for public officials, corporations, and lawyers. On October 16, the Roger Williams University School of Law will present Cybersecurity and Law...more

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

Sheppard Mullin Richter & Hampton LLP on 9/30/2015

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

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