Blog Posts Tagged with "Lawsuit"

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Suing our way to Better Security... Redux

November 14, 2012 Added by:Jayson Wylie

One of the latest publicly known Government Data Breaches has incurred yet another lawsuit for the people by the people’s lawyers. Monetary and punitive damages that can be incurred through Personal Identifiable Information (PII) loss resulting in fraud or victimization...

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CFAA Does Not Bar Misappropriation when Employee Authorized

September 27, 2012 Added by:David Navetta

The CFAA only permits claims for accessing a protected computer “without authorization” and “exceeds authorized access” “only when an individual accesses a computer without permission or obtains or alters information on a computer beyond that which he is authorized to access...”

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How Do You Change to a Culture of Compliance?

August 23, 2012 Added by:Thomas Fox

Unlike the insurance industry, which helps companies manage risks through financial instruments, risk management attempts to avoid or at least control risk. The next time you hear the mindless prattle of “but we’ve always done it that way”, get some ideas on how to change your company’s compliance culture...

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Court Dismissed Another Data Breach Suit

August 06, 2012 Added by:David Navetta

The Holmes decision further underscores difficulties in securing any recovery on a data breach lawsuit absent actual identity theft. However, the lengthy history of this case — dating back to 2008 including a challenge to a Court approved settlement — highlights that such cases are protracted and costly to defend...

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Government Insists It Can’t Be Sued Over Warrantless Wiretapping

June 26, 2012 Added by:Electronic Frontier Foundation

In three separate lawsuits that have been churning in the federal courts, the government has used a menu of dodges to block the courts from considering the key underlying question — have they been breaking the law and violating the constitution by warrantlessly surveilling American citizens — over and over again...

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Suing Our Way to Better Security?

June 21, 2012 Added by:Jayson Wylie

It does not seem like the top leaders at organizations are as concerned with others' information as they might be with the bottom line. If organizations do not respond to fear of embarrassment for failing at security, should we start taking them to court to formulate better consumer protections?

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How Mobile Apps are Invading Your Privacy: An Infographic

June 08, 2012 Added by:Fergal Glynn

With millions of mobile apps receiving billions of downloads, it is important that users are aware of the risks they face when downloading and using apps. This infographic uses real world cases to outline the threat to user privacy posed by mobile apps...

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Megaupload User Asks Court for Their Files Back... Again

June 01, 2012 Added by:Electronic Frontier Foundation

EFF’s asked the court to return files lost when Megaupload was seized last January. Since then, we’ve been to court both for a hearing and a mediation and nothing has changed. The key problem: the government has failed to help third parties get access to their data. So we have no choice but to go back to court...

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How the DOJ Looks at Compliance Programs Part I

May 22, 2012 Added by:Thomas Fox

Although often discussed in Deferred Prosecution Agreements (DPAs) or Non-Prosecution Agreements (NPAs), most compliance practitioners are not familiar with one of the most important sources of Department of Justice (DOJ) policy regarding the prosecution of corporations...

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Social Media Seeks Control Through TOS Enforcement

May 21, 2012 Added by:David Navetta

So far, social media companies have only sought to squash undesirable behavior on their platforms from third party commercial entities, such as spammers or those seeking password sharing, but in the future such litigation could be viable against individual users...

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Communication is King in E-Discovery Matters

May 10, 2012 Added by:Bill Gerneglia

A common vocabulary is certainly emerging making dialog between counsel and technologists productive and effective. However, equally important is that lawyers engage their client’s technology team in dialog on e-discovery issues because when counsel fails, the fall out can be costly...

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Ninth Circuit Narrows Computer Fraud and Abuse Act Reach

May 07, 2012 Added by:David Navetta

The crux is the recent application of the Computer Fraud and Abuse Act criminalizing violations of website terms of use and employer restrictions on employee computer uses, stemming in particular from what the statute’s term “exceeds authorized access” does and does not mean...

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Duty to Authenticate Identity: Online Banking Breach Lawsuits

April 26, 2012 Added by:David Navetta

The attenuated nature of online relationships creates an opportunity for criminals to steal or spoof online identities and use them for monetary gain. The ability of one party to authenticate the identity of the other party in an online transaction is of key importance...

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A Tale of Two Encryption Cases

March 12, 2012 Added by:Electronic Frontier Foundation

The issue in the decryption cases is not whether the decrypted contents of the computer are testimonial. Instead, the issue in these cases is whether the ACT of decrypting information on the computer is testimonial. The answer to that question is that it depends...

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PCI: When a Breach is Not a Breach

March 08, 2012 Added by:PCI Guru

The lawsuit points out a disconcerting issue with a cardholder data breach: Any incident investigation initiated by the card brands under the PCI standards is going to focus on PCI compliance and not on whether or not the breach actually occurred...

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Cyber Insurance: Efficient Way to Manage Risk in the Cloud?

February 27, 2012 Added by:David Navetta

While customers may enjoy some short term cost-benefits by going into the Cloud, they may be retaining more risk then they want - especially where Cloud providers refuse to accept that risk contractually). Cyber insurance may be a solution to help solve the problem...

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