In Backing Spy Law, High Court Raises Bar For Breach Claims

Law360, New York (February 27, 2013, 9:30 PM EST) -- In rejecting a challenge to a federal surveillance law Tuesday, the Supreme Court not only limited the ability of private citizens to fight spying programs, but also dealt a blow to their efforts to hold corporations accountable for data breaches, establishing they must prove they were actually harmed by hackers, not just exposed to them.

The 5-4 majority said a group of lawyers, journalists and private citizens couldn't challenge 2008 amendments to the Foreign Intelligence Surveillance Act, because they hadn't shown concrete evidence the government had...
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