News & Analysis as of

FISA

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

by Foley & Lardner LLP on

The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22...more

The Boundary Layer Between Law and Technology in the Connected Society

by Zapproved LLC on

If someone said to me, “You have to choose one phrase to describe the last couple of decades of world history, what would it be?” I would have very little trouble answering that question. I would describe the last couple of...more

EU Data Transfer Solutions Under Further Judicial Scrutiny – What Next For Model Contract Clauses?

The European Union Court of Justice (“CJEU”) to rule on the validity of Model Contractual Clauses (“MCCs”) following referral by the Irish High Court. The Irish High Court has “well-founded” concerns that there is no...more

EU Commission Confirms that Privacy Shield Survives its First Annual Review

As was generally expected from informal comments by EU representatives, Privacy Shield has survived its first annual review. Commissioner Jourova stated: “Our first review shows that the Privacy Shield works well, but there...more

Measure Introduced In The House To Restrict Internet Surveillance Of Americans

by King & Spalding on

On October 6 a bipartisan group of lawmakers from the House Judiciary Committee unveiled the USA Liberty Act (H.R. 3989), which seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act. Section...more

NSA Curbs Collection Of Americans’ Emails

by King & Spalding on

The National Security Agency (“NSA”) announced that it will voluntarily stop collecting the email and text exchanges of American citizens with persons overseas that mention a target of NSA surveillance. Although the...more

Foreign-State-Sponsored Espionage Not Actionable Under FISA Where Intent to Spy Occurs Abroad

by McDermott Will & Emery on

In concluding that the Foreign Sovereign Immunities Act (FISA) exception for non-commercial torts does not abrogate sovereign immunity where the claimed espionage did not occur entirely in the United States, the US Court of...more

Yahoo Requests Declassification Of Alleged Email Scanning Order

by King & Spalding on

On October 19, Yahoo publicly petitioned U.S. Director of National Intelligence James Clapper to declassify a federal order allegedly requiring it to scan all of its users’ incoming email messages. In the open letter, Yahoo’s...more

U.S. Senate Judiciary Committee Holds Hearing On FISA

by King & Spalding on

On Tuesday, May 10, the Senate Committee on the Judiciary (the “Judiciary Committee”) held a hearing titled “Oversight and Reauthorization of the FISA Amendments Act: The Balance between National Security, Privacy and Civil...more

U.S. Spy Court Grants NSA Permission To Collect Telephone Records

by King & Spalding on

The U.S. Foreign Intelligence Surveillance Court (“FISA Court”) unsealed an order on April 19, 2016, in which it allowed the National Security Agency (“NSA”) to compel specific telephone records related to an ongoing...more

Recent Seventh Circuit Data Breach Ruling Could be Big Win for Plaintiffs and Big Headache for Retailers

by Seyfarth Shaw LLP on

For lawyers who frequently litigate class action lawsuits, whether or not the named plaintiffs have standing to bring a claim is one of the first issues that is analyzed and considered. Plaintiffs’ lawyers often look for...more

OPM Faces Another Class Action For The Theft Of Data Affecting 21.5 Million Current, Former And Prospective Government Employees

by King & Spalding on

On August 14, 2015, a class action was filed in the United States District Court for the District of Columbia on behalf of about 21.5 million federal employees, contractors, and job applicants whose personal information was...more

Hacked Class Can Sue Pre Injury

by Fenwick & West LLP on

Last week, a three-judge panel of the 7th U.S. Circuit Court of Appeals held in Remijas v. Neiman Marcus Group LLC that individuals whose debit and credit card numbers were stolen by cyberthieves who had hacked into Neiman...more

The USA Freedom Act: What it Changes and (Mostly) Doesn’t for Cloud Services – And is it Really the Issue

by Latham & Watkins LLP on

The recent showdown over renewal of certain provisions of the USA Patriot Act (often called simply the Patriot Act) and the subsequent enactment of the USA Freedom Act have raised a number of questions about the ongoing...more

The USA Freedom Act: What it Changes and (Mostly) Doesn't for Cloud Services--And is it Really the Issue

by Latham & Watkins LLP on

The recent showdown over renewal of certain provisions of the USA Patriot Act (often called simply the Patriot Act) and the subsequent enactment of the USA Freedom Act have raised a number of questions about the ongoing...more

Outsourcing by Canadian Companies after the USA PATRIOT Act

by Field Law on

Wondering about outsourcing your data to the U.S.? What follows is an update to one of our most popular posts: Outsourcing by Canadian Companies: Another Look at the USA PATRIOT Act, originally written in January 2013....more

U.S.A. Freedom Act passed into law

by Robinson & Cole LLP on

On June 4, 2015, President Obama and his administration signed into law the U.S.A. Freedom Act, which “reform[s] the authorities of the Federal Government to require the production of certain business records, conduct...more

Snowden Strikes Back: Mass Collection of Telephony Metadata Struck Down By the Second Circuit

As post-Snowden America well knows, for some years now the National Security Agency (NSA) has been collecting bulk telephone metadata under the authority of Section 215 of the PATRIOT Act and aggregating it into data banks...more

Intel Committee Chief Says Cyber Bill Could Face Two-Year Wait

by Faegre Baker Daniels on

On September 19, 2014, House Intelligence Committee Chairman Mike Rogers followed up on comments he and Senate Intelligence Committee Vice Chairman Saxby Chambliss made last week concerning the prospects for cybersecurity...more

Report deems NSA telephone records program illegal

by DLA Piper on

The Privacy and Civil Liberties Oversight Board issued a report today concluding that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended. ...more

Argentina's financial fate now depends on the U.S. Supreme Court

The Second Circuit has affirmed the injunctions against Argentina in NML Capital, Ltd. v. Republic of Argentina, a case that we have been following in this blog although the amended injunctions shall be stayed pending the...more

Don’t Cry for Me Argentine Bondholders: Argentina Seeks Supreme Court Review

by Shearman & Sterling LLP on

Argentina filed a petition for writ of certiorari in US Supreme Court: what Argentina wants, when the Supreme Court will answer, and whether or not Argentina will get its day in the high Court. On June 24, the Republic...more

Corporate Transparency Reports: Understanding Limitations and Leveraging Opportunities

Recent revelations regarding surveillance activities by the U.S. Government have raised many questions regarding the balance between privacy and security. There have already been, and there will continue to be, Congressional...more

Google's Motion to Publish Aggregate Information About FISA Orders [Copy]

by JD Supra Perspectives on

Full text copy of Google's motion for decalatory judgement of the company's first amendment right to publish aggregate information about FISA orders, submitted June 18, 2013. From Wired: "In its filing, Google said that...more

Is Edward Snowden a Whistleblower?

by Bloomberg Law on

June 14 (Bloomberg Law) -- Trevor Timm, writer and activist at the Electronic Frontier Foundation, talks with Bloomberg Law's Lee Pacchia about recent intelligence leaks surrounding the NSA's surveillance of American...more

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Cybersecurity

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