• May 28, 2015

    FBI Launches Probe Of Taxpayer Data Breach

    The Federal Bureau of Investigation said Thursday it has opened an investigation into the breach of about 100,000 taxpayers' information though an Internal Revenue Service application.

  • May 28, 2015

    50 Cent Sex Tape Trial Back On After Ch. 11 Filing Detour

    A New York federal judge Thursday ruled that 50 Cent must face a trial in state court over his online posting of a sex tape featuring the mother of rival emcee Rick Ross’ child, dashing the rapper’s bid to remove the lawsuit with a last-minute bankruptcy filing.

  • May 28, 2015

    Aviation Co. Nabs FAA Exemption For Drone Usage

    The U.S. Federal Aviation Administration has decided to allow an Oregon-based aviation company to operate drones in American airspace to conduct a variety of operations, including aerial surveying, filmmaking and photography, wildlife monitoring and other services, Buchalter Nemer PLC announced Tuesday.

  • May 28, 2015

    ACLU Urges US To Reward Discovery Of Cybersecurity Flaws

    The American Civil Liberties Union urged the U.S. government Wednesday to encourage researchers to find online security vulnerabilities by offering them rewards and making it easier to contact security personnel, as many private companies have already done.

  • May 28, 2015

    Time Warner To Give Subscriber Info In Pilot Union Suit

    An Ohio federal judge on Wednesday ordered Time Warner Cable Inc. to hand information for two of its subscribers over to the pilots union for NetJets Aviation Inc., in the union’s suit accusing NetJets of accessing a confidential union message board.

  • May 28, 2015

    Target Must Reveal Info On Past Data Breaches, Judge Says

    Target Corp. has to tell financial institutions suing over the retailer's massive 2013 data breach whether it suffered similar attacks in the past and if so, how it responded to them, a Minnesota federal judge ruled in the multidistrict litigation Wednesday.

  • May 27, 2015

    Lynch Calls On Senate To Act On NSA Spying Overhaul

    Attorney General Loretta Lynch on Wednesday joined the chorus of officials calling on the U.S. Senate to swiftly pass legislation overhauling the National Security Agency's domestic surveillance tactics, saying that allowing the authorities to lapse would severely hinder the government’s ability to combat terrorism and crime.

  • May 27, 2015

    FCC Chair Calls For Action On Robocalls, TCPA Complaints

    The Federal Communications Commission will soon take up a proposal from its chair to increase consumer protections against unsolicited robocalls and texts, agency chairman Tom Wheeler announced Wednesday.

  • May 27, 2015

    State Dept. To Release Clinton Emails Faster

    The U.S. Department of State has agreed to a faster, rolling timetable for releasing former Secretary of State Hillary Clinton’s emails in compliance with a Freedom of Information Act lawsuit, according to a pair of rulings in Washington federal court Wednesday.

  • May 27, 2015

    Sen. Hatch Asks IRS For Answers On Taxpayer Data Breach

    Senate Finance Committee Chairman Orrin Hatch, R-Utah, on Wednesday pressed the Internal Revenue Service to tell the committee how criminals gained access to about 100,000 taxpayers' information through the agency's online tax transcript ordering service.

  • May 27, 2015

    DHS Offers $11M To Create Cyber Info-Sharing Standards

    The U.S. Department of Homeland Security on Tuesday began work on a recent presidential directive to boost cyberthreat information-sharing efforts by announcing an $11 million grant it will award to an organization that will be put in charge of setting standards for information sharing and analysis organizations.

  • May 27, 2015

    Fitbit's IPO Is An Exercise In Disclosing Data Risks

    Fitness-tracking company Fitbit Inc.'s exhaustive disclosure of potential cybersecurity risks to the troves of personal data it collects highlights the importance of making tailored statements leading up to an initial public offering that could prove vital in staving off future scrutiny from regulators and shareholders.

  • May 27, 2015

    FBI Won't Treat Data Breach Victims As Targets, Official Says

    A top official in the FBI's cybersecurity division said Wednesday that the bureau has begun to treat breached companies like traditional crime victims rather than negligent data custodians, citing the use of trauma specialists and other victim resources deployed in the aftermath of the 2014 North Korean cyber attack on Sony Corp.'s networks.

  • May 27, 2015

    Massive Class Of Yahoo Email Users Wins Cert. In Privacy Suit

    A California federal judge on Tuesday certified a class including multitudes of email users nationwide in a privacy action that claims Yahoo Inc. violates federal law by scanning emails, and created a subclass for Californians raising state law claims.

  • May 27, 2015

    IRS Slams New Claims In Conservative Org’s Targeting Suit

    The IRS urged a Texas federal judge Tuesday to toss most of conservative organization Freedom Path Inc.’s claims in a suit alleging the agency singled out nonprofit applicants with "tea party" or "patriots" in their names for extra scrutiny.

  • May 27, 2015

    Gas Natural Must Face Cobra Pipeline's Data-Theft Claims

    An Ohio federal judge on Tuesday denied a motion to dismiss Cobra Pipeline Co. Ltd.’s suit accusing partner-turned-rival Gas Natural Inc. of illegally tracking Cobra’s trucks and workers based on the possible existence of confidential information stored on a secure website.

  • May 26, 2015

    Bitcoin Software Co. Settles NJ's Computer Hijacking Claims

    The New Jersey Division of Consumer Affairs has settled a dispute with the developer of digital currency software that allegedly accessed computers without the owners' knowledge and used them to mine bitcoins.

  • May 26, 2015

    IRS Says Criminals Stole 100K Taxpayers' Data

    The Internal Revenue Service on Tuesday announced that data from about 100,000 tax accounts, including Social Security information and addresses, had been breached by criminals using data from outside sources.

  • May 26, 2015

    Skype Under Fire From Belgian Gov’t After Blocking Wiretap

    A Belgian prosecutor’s office north of Brussels has levied charges against Skype for failing to comply with a wiretap request in a separate criminal investigation, a court spokesman said Tuesday, setting up yet another European court showdown over Internet companies’ obligations to law enforcement.

  • May 26, 2015

    Tech Group Bashes FTC's Nomi Retail Tracking Pact

    The U.S. Federal Trade Commission overreacted by taking action against retail tracking firm Nomi Technologies Inc.'s privacy policy and has encouraged companies to do as little as possible to safeguard customer data, the Information Technology and Innovation Foundation said Tuesday.

Expert Analysis

  • The FTC's Curious Use Of Authority In Revenge-Porn Case

    Gary Hailey

    It’s not clear what inspired the Federal Trade Commission to join the crusade against revenge porn, but the closer you look at the FTC’s recent action against revenge-pornster Craig Brittain, the harder it is to understand — or defend, says Gary Hailey of Venable LLP.

  • Could This Case Change The Cyberinsurance Landscape?

    Daniel S. Marvin

    With the emergence of stand-alone cyberinsurance policies, there was little doubt that courts would ultimately be called upon to weigh in on their scope of coverage. Now, that time may have finally come in an apparent case of first impression in Columbia Casualty Co. v. Cottage Health System, say Daniel Marvin and Robert Stern of Stern & Montana LLP.

  • Nomi Highlights Risks Of Publicizing Privacy Policies

    James DeGraw

    Nomi Technologies Inc. ironically could have avoided the Federal Trade Commission enforcement action altogether by not posting a privacy policy, not describing its practices to consumers, and not offering an opt-out mechanism at all. This decision thus serves as a stark warning to mobile and other companies, say attorneys with Ropes & Gray LLP.

  • The Illusory Value Of Requiring Individual Breach Notices

    Joshua Lee

    Although the Consumer Privacy Protection Act — the latest proposed federal response to the problem of criminal data theft — takes a progressive approach to notice with many welcome reforms, legislators, consumers and businesses affected by the law should ask whether individual notice requirements really achieve enough good to justify their costs, says Joshua Lee of Irell & Manella LLP.

  • Smart Grids Require Smarter Utilities: Preventing Breaches

    Jeremy Susac

    Although programmable, Wi-Fi-enabled thermostats may significantly reduce energy costs, they may inadvertently increase utilities’ exposure to liability and lawsuits by creating a vulnerability that leads to a data breach. Utilities should take steps to mitigate their risk through a Prevent Energy Breach And Liability Agreement or a cyber captive insurance program, say Jeremy Susac and Steven Weber of Berger Singerman LLP.

  • Calif. Sings A Song Of Song-Beverly Developments

    Stephanie A. Sheridan

    Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)

  • NIST Starts Filling The Gaps In Cybersecurity Compliance

    Keir Bancroft

    Government contractors who think cyber and information security applies only to classified or U.S. Department of Defense contracts, take note — a new set of standards from the National Institute of Standards and Technology is on the horizon, say attorneys with Venable LLP.

  • Use Of Biometric Information As A Basis For Civil Liability

    Derek Sarafa

    Despite the proliferation of the use of biometrics, there are very few state statutes and no federal statutes that create civil remedies based on the capture and disclosure of biometric data by private businesses. But enterprising plaintiffs lawyers are attempting to use those that do exist to create a potential new sphere of liability, say attorneys with Winston & Strawn LLP.

  • How Cybercriminals Are Targeting Corporate Transactions

    Brent J. McIntosh

    Cybercriminals are increasingly deploying clever schemes to exploit company executives and their advisers in connection with corporate transactions, including financing transactions and mergers and acquisitions. These sophisticated schemes include emails that provide a closing or a litigation settlement that would seem wholly legitimate to the recipient, say Brent McIntosh and Judson Littleton of Sullivan & Cromwell LLP.

  • What The Nomi Case Could Mean For Retail Tracking

    David McDowell

    On its face, the Federal Trade Commission’s recent settlement with Nomi Technologies Inc. is like many FTC privacy cases. Under the surface, however, the case may open the door for the FTC to create a notice-and-choice regime for the physical tracking of consumers, say attorneys with Morrison & Foerster LLP.