News & Analysis as of

Unauthorized Access Data Security

Troutman Pepper

Understanding Access vs. Acquisition - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

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Each of the 50 states has its own definition of what constitutes a reportable data breach. For some, it requires “unauthorized access” to personal information. For others, it requires “unauthorized acquisition.” And then,...more

Troutman Pepper

Caregivers in Cybersecurity — Unauthorized Access Podcast

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Unauthorized Access, our privacy and cybersecurity-focused podcast, spotlights the human side of the cybersecurity industry. In this episode, Sadia welcomes Sherri Davidoff, CEO of LMG Security, to discuss the challenges and...more

Buckingham, Doolittle & Burroughs, LLC

Knock, Knock:  E-Keys and Unauthorized Access

In the world of real estate, ensuring the safety and security of homes during the selling process is of paramount importance. One of the key challenges facing Ohio Realtors is the potential risk of unauthorized access to...more

Troutman Pepper

Snooping Sadia Talks to Former Official Gene Fishel — Unauthorized Access Podcast

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Unauthorized Access, Troutman Pepper's privacy and cybersecurity-focused podcast, spotlights the human aspect of the cybersecurity industry, introducing you to the remarkable personalities that make the industry amazing....more

Troutman Pepper

Ross Is Boss — Unauthorized Access Podcast

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Unauthorized Access, Troutman Pepper's privacy and cybersecurity-focused podcast, spotlights the human aspect of the cybersecurity industry, introducing you to the remarkable personalities that make the industry amazing. In...more

Ankura

OCR Issues Guidance to Patients and Providers on Telehealth Privacy and Security

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On October 18, 2023, the Department of Health and Human Services (DHHS) through the Office for Civil Rights (OCR) issued an update1 containing two resource documents to help educate patients regarding privacy and security...more

Troutman Pepper

Unauthorized Access Returns With "Get to Know Joe" — Unauthorized Access Podcast

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It’s official! The Unauthorized Access podcast has returned, now with a slightly different spin. Our monthly podcast will spotlight the human aspect of cybersecurity, bringing you closer to the remarkable personalities...more

Constangy, Brooks, Smith & Prophete, LLP

FTC Non-Banking Financial Institutions Safeguards Rule

The Federal Trade Commission has approved an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act that creates a new data privacy regulatory reporting requirement for non-banking financial entities. Covered...more

Bass, Berry & Sims PLC

DHS Publishes Long-Awaited Final Rule on Controlled Unclassified Information

Bass, Berry & Sims PLC on

On June 21, the Department of Homeland Security (DHS) published a final rule to implement security measures that safeguard controlled unclassified information (CUI) from unauthorized access and disclosure and improve incident...more

McDermott Will & Emery

Relief for White Hat Hackers and Web Scrapers?

McDermott Will & Emery on

In an effort to “promote privacy and cybersecurity by upholding the legal right of individuals, network owners, operators, and other persons to ensure the confidentiality, integrity, and availability of information stored in...more

Patterson Belknap Webb & Tyler LLP

DOJ Issues New Guidance for Charging CFAA Cases

In a significant development in anti-hacking criminal enforcement, the Department of Justice last week released new guidance for charging violations of the Computer Fraud and Abuse Act (“CFAA”), the nation’s premier computer...more

Rivkin Radler LLP

NJ Infertility Clinic Reaches $495,000 Data Breach Settlement

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The New Jersey Attorney General’s Office announced on October 12 that Diamond Institute for Infertility and Menopause, LLC, based in Millburn, NJ, will pay a $495,000 penalty for allegedly violating HIPAA and state law by...more

ArentFox Schiff

SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act.

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SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act. In a recent Supreme Court case, Van Buren v. United States, the Court narrowed the applicability of the Computer Fraud...more

Sheppard Mullin Richter & Hampton LLP

New Decision Narrows Scope of Georgia Computer Trespass Statute

The Georgia Supreme Court recently concluded that Georgia’s equivalent of the CFAA should be viewed narrowly, similar to the US Supreme Court’s recent, similar decision in Van Buren. In Kinslow v. State, the Georgia Supreme...more

Fisher Phillips

Will Supreme Court Enforce Law And Order In The Digital Workplace?

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Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June/July 2020

Confidentiality – Electronically Stored Information – Unauthorized Access - The State Bar of California's Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim 16-0002 - Risk Management...more

Society of Corporate Compliance and Ethics...

GDPR enforcement actions: UK and Germany

Report on Supply Chain Compliance 3, no. 2 (January 23, 2020) - Two recent enforcement actions shed light on how regulators will enforce GDPR provisions going forward. In one case, the United Kingdom’s Information...more

Holland & Knight LLP

Authorized Access of Proprietary Information and Impact on CFAA Claim

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Employers continuously face a key employee or consultant leaving or separating from the company to join or start a competing business. In these inevitable scenarios, the loss – potential or actual – of the company's...more

Zuckerman Spaeder LLP

You’ve Got My Mail: Court Rejects Challenge to Employer’s Computer Access

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Even employers who are devoted to higher callings can find themselves in worldly disputes with former employees over access to emails and computer files. For example, the National Institute for Newman Studies is devoted to...more

Proskauer - New Media & Technology

Court Denies TRO against Data Scraper That Accessed Private Database via Registered Accounts

This past week, a Texas district court denied a bid from a web service for a temporary restraining order (TRO) to enjoin a competitor that allegedly scraped a large amount of proprietary data from its closed site via several...more

Jackson Lewis P.C.

SCOTUS Will Not Review CFAA Password Sharing Case

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The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held...more

Snell & Wilmer

FTC’s “Stick With Security” #5: Segment Your Network And Monitor Who’s Trying To Get In And Out

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On August 25, 2017, the FTC released its fifth “Stick with Security” principal, which focused on how companies can protect their virtual “entrances and exits” and make life harder for hackers. The FTC believes that the...more

Jackson Lewis P.C.

Company Awarded Damages After Former Employee Hacks Its Systems And Hijacks Its Website

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A company can recover damages from its former employee in connection with his hacking into its payroll system to inflate his pay, accessing its proprietary files without authorization and hijacking its website, a federal...more

Jackson Lewis P.C.

Eleventh Circuit Upholds Company Claims Against Former Executive For Unlawful Access to Email

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A terminated executive who accessed co-worker emails in the process of reporting possible company wrongdoing lost his appeal on several grounds. In Brown Jordan Intl, Inc. v. Carmicle, the Eleventh Circuit found that the...more

BCLP

Bounty or Bug Programs: A How-To Guide

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Data security officers typically look for security risks by monitoring reports from automated security systems, listening to employees’ reports of security issues, and/or auditing IT systems. There is a great deal of debate,...more

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