Technology

    • 3 Nov 2015

    Supreme Court Hears Arguments on Standing to Sue Under the Fair Credit Reporting Act

    WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court yesterday heard oral arguments in a dispute over what constitutes sufficient injury to support a claim under the Fair Credit Reporting Act (FCRA), pertaining to a class complaint over a data aggregator’s purportedly inaccurate online publication of a plaintiff’s personal information ( Spokeo, Inc. v. Thomas Robins, et al. , No. 13-1339, U.S....
    • 29 Sep 2015

    Peter S. Vogel: Mimecast Confesses that Cloud Mail Outage was DDoS Attack!

    By Peter S. Vogel The Mimecast Incident Report stated that the US Data Centers and disruption of millions of emails were caused by a DDoS (Distributed Denial of Service) attack on September 21 from “10:46 am EST – 5:32pm EST.” The September 25, 2015 Incident Report summarized the incident as: Customers using our US secure email gateway service experienced downtime related to the delivery and receipt...
    • 29 Sep 2015

    Peter S. Vogel: Cyberattacks on the Radar of Law Firms

    By Peter S. Vogel With the help of the financial services industry “the legal sector has launched its own cyber-threat intelligence-sharing mechanism” known as the Legal Services Information Sharing and Analysis Organization (LS-ISAO) Services. The August 2015 Darkreading article entitled “ Law Firms Form Their Own Threat Intel-Sharing Group ” report included these comments about cyber threats...
    • 17 Jul 2015

    Peter S. Vogel: Cyber Rewards – A New Concept In Airline Mileage Reward Program?

    By Peter S. Vogel According to the Washington Post United Airlines “had rewarded two people with 1 million free miles of air travel each for discovering and disclosing software defects through the airlines “bug bounty” program…. so named because it offers bounties for the detection of software defects — is the first of its kind in the transportation industry, United claims.” United...
    • 8 Jul 2015

    Ballard Spahr LLP: FFIEC Tool Helps You Assess Cyber Risk

    The Federal Financial Institutions Examination Council (FFIEC) has released its long-awaited Cybersecurity Assessment Tool (Assessment) to help financial institutions identify the inherent risks faced by a company and determine the level of maturity of a company’s cybersecurity preparedness. The tool is the latest resource developed by the FFIEC to raise awareness among financial institutions and their critical...
    • 1 Jun 2015

    Supreme Court Majority Holds Threatening Speech Conviction Requires Intent Finding

    WASHINGTON, D.C. — (Mealey’s) Reversing a Third Circuit U.S. Court of Appeals ruling, a U.S. Supreme Court majority today held that a conviction for making threatening communications under 16 U.S. Code Section 875(c) requires a showing of intent to harm by the speaker and not merely negligence ( Anthony Douglas Elonis v. United States of America , No. 13-983, U.S. Sup.; See December 2014, Page 9) [lexis.com...
    • 7 May 2015

    Second Circuit Finds NSA’s Bulk Metadata Program Not Authorized by Patriot Act

    NEW YORK — (Mealey’s) A Second Circuit U.S. Court of Appeals panel today found that the National Security Agency’s bulk telephone metadata collection program is not authorized by Section 215 of the USA Patriot Act, reversing a trial court’s dismissal of the lawsuit brought by the American Civil Liberties Union (ACLU) ( American Civil Liberties Union, et al. v. James R. Clapper, et al. , No. 14...
    • 25 Jun 2014

    HeadsUp for Washington State: Court Opinions From Monday, June 23, 2014

    Monday, June 23, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. Division One of the Court of Appeals filed 6 new published opinions and withdrew and replaced 2 opinions on Monday, June 23, 2014: 1. McCarthy Finance, Inc. v. Premera No...
    • 25 Jun 2014

    California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, June 25, 2014

    The Shepard's Link(TM) feature has created hyperlinks to www.lexis.com Find a LexisNexis Sales Representative ▪ Browse Legal Bookstore ▪ Search Court Records ▪ Feedback The CA e-Advance provides a business daily e-mail service to keep you updated and to provide online links to: Index of new California opinions Index of actions without opinion Index of new California opinions: 1. Verdugo...
    • 25 Jun 2014

    Supreme Court: Police Can’t Search Cell Phones Without Warrant

    WASHINGTON, D.C. — (Mealey’s) The police generally may not, without a warrant, search digital information on a cell phone seized from a person who has been arrested, the U.S. Supreme Court found today, ruling on two cases consolidated on appeal ( David Leon Riley v. State of California , No. 13-132, United States v. Brima Wurie , No. 13-212, U.S. Sup.; See May 2014, Page 17) [lexis.com subscribers may access...
    • 11 Jul 2013

    Williams Mullen: Data Privacy – Know What Rights You Are Extending To Your U.S. Customers And Employees

    By Robert C. Dewar Many foreign businesses commence trading in the U.S. without paying a lot of attention to their data privacy policies. Unlike the UK, where the Data Protection Act (which implements the European Data Protection Directive into UK law) applies to all businesses, the U.S. does not have a universal data protection requirement that applies to all businesses in all states. Certain industries and sectors...
    • 24 Jun 2013

    What You Need to Know About NSA Mass Telephone Call Tracking

    By David Bender The flood of recent articles disclosing that the National Security Agency has engaged in a massive acquisition of information concerning the telephone communications of millions of Americans has shocked many. While sensationalizing this acquisition, most articles avoid discussing whether it has a legal basis. Questions abound, but two stand out. Does this acquisition violate the law – and should...
    • 12 Apr 2013

    California AG Advocates 'Surprise Minimization' to Protect Mobile Device Consumers from Unexpected Privacy Practices

    Hailing her state as the "epicenter of modern innovation," California Attorney General Kamala D. Harris has issued recommendations for app developers and providers, advertising networks and others as part of an effort to give consumers "meaningful information" about privacy choices on mobile devices. And while the AG has presented these as mere guidelines, attorneys say they are an indicator of things...
    • 25 Jan 2013

    Keller and Heckman LLP: Revamping Kids Privacy: FTC Finalizes COPPA Rule Changes

    By Sheila Millar, Tracy Marshall, and Crystal Skelton Excerpt: On December 19, 2012, the Federal Trade Commission ("FTC" or "Commission") issued final rule amendments concluding its review of the Children's Online Privacy Protection Act ("COPPA") Rule ("final COPPA Rule"). The FTC's review of the COPPA Rule began with a request for public comment in April, 2010, followed...
    • 12 Dec 2012

    California AB 1844: Limiting Employers' Access to Employees' Social Media

    Whether you "like" it or not, social media is changing the legal landscape of employee privacy rights at a rapid pace. On September 27, 2012, California Gov. Jerry Brown signed into law AB 1844 , which prohibits employers from requiring (or requesting) employees or applicants to divulge their social media log-on information. This article will address the evolving area of employee privacy law in California, and...
    • 11 Dec 2012

    Free Download: White Paper Explores Insurance Coverage Implications of Social Media

    With social media pervading most aspects of society and business, are you up to date on the changes that it brings to the insurance industry? Download a complimentary white paper covering insurance implications of social media . Social media presents a whole new set of exposures and liabilities that can cause significant damage to a company. The majority of potential liabilities that companies face from social media...
    • 5 Nov 2012

    Siemens and Beck on Obtaining Optimal Cyber Insurance

    By Rene Siemens and David Beck , Attorneys, Pillsbury Winthrop Shaw Pittman LLP This commentary observes that the rising threat of cyber attacks and data breaches as well as the proliferation of data security and privacy laws have made it more important than ever for organizations that handle sensitive information to insure against data security and privacy losses. The article further points out the most common cause...
    • 30 Oct 2012

    Supreme Court Hears Arguments On Standing To Challenge FISA's Constitutionality

    WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 heard arguments on the ability of a group of respondents to challenge the constitutionality of a law that its opponents characterize as "dragnet surveillance" related to the power that it gives the executive branch of the government to monitor telephone and e-mail communication involving foreign parties ( John R. Clapper Jr., et al. v. Amnesty...
    • 13 Sep 2012

    Peter S. Vogel: Warrantless Tracking of Cell GPS Upheld by 6th Circuit

    By Peter S. Vogel No warrant was required to track a drug dealer's GPS locations from cell phones since the defendant "did not have a reasonable expectation of privacy in the data emanating from his cell phone that showed its location." On August 14, 2012 Justice John Rogers of the US 6th Circuit Court of Appeals upheld a conviction in US v Skinner [ enhanced version available to lexis.com subscribers...
    • 13 Sep 2012

    Ballard Spahr LLP: Maryland User Name and Password Privacy Protections Take Effect October 1

    By Timothy F. McCormack and Michelle M. McGeogh Beginning October 1, 2012, employees and job applicants' personal e-mail accounts, Facebook pages, Twitter accounts, Pinterest pages, and similar accounts will gain more protection from Maryland employers. Under the new law, employers in Maryland will be prohibited from asking or requiring employees or job applicants to disclose user names, passwords, or other...
    • 13 Sep 2012

    Peter S. Vogel: Should the Pentagon Defend Non-Military Networks?

    By Peter S. Vogel The Secretary of Defense is considering a proposal "that military cyber-specialists be given permission to take action outside its computer networks to defend critical U.S. computer systems." The Washington Post reported that anonymous sources stated: It would account for changes in technology that will give more flexibility in defending the nation from cyberattack. Probably this military...
    • 28 Aug 2012

    Peter S. Vogel: 88% of American Adults Have Cell Phones - Easy Access to GPS Data?

    GPS location data on cell phone accounts for virtually every adult in the US based on Pew Research recent report that an astonishing 88% of US adults have cell phones . Whether a search warrant will be required for GPS data appears to be changing very quickly. With the support of the American Civil Liberties Union and the Electronic Frontier Foundation , on August 22, 2012 the California legislature passed the Location...
    • 24 Aug 2012

    Troutman Sanders LLP: Tips for Negotiating Your Website Development Contract

    By Troutman Sanders Tobacco Law Team Often, the most significant impression a customer has of a company comes from the company's website. An attractive, well-organized and easy to use website is crucial in today's "click and buy" economy. A company's website also can represent a large investment, especially for a small manufacturer or retailer. The process of creating a website, however, can...
    • 24 Aug 2012

    Troutman Sanders LLP: New Jersey's Gift Card Law Requires Personal Data Collection

    We recently wrote about the California law prohibiting retailers from asking for their customers' ZIP codes in credit card purchases . In one of the most striking examples of the fractured, decentralized approach to consumer privacy existing in the U.S., we note that another state, New Jersey, has a law requiring business to collect customers ZIP codes in certain transactions. New Jersey's controversial gift...
    • 24 Aug 2012

    Peter S. Vogel: Is Privacy at Risk with Mobile Purchases?

    Privacy is not mentioned in the recent announcements by many large retailers for use of mobile apps for credit and debit card purchases . However, consumers' GPS data linked to mobile devices will likely lead to less privacy. In early August, 2012 the New York Times reported that Starbucks teamed up with the mobile payment startup Square will begin processing credit and debit card transactions this fall. Shortly...