Executive Order 13,636 on Improving Critical Infrastructure Cybersecurity directs the National Institute of Standards and Technology (“NIST”) to develop a Cybersecurity Framework of standards, methodologies, and processes for addressing cybersecurity risk. It also charges the Department of Homeland Security with developing a Critical Infrastructure Cybersecurity Program to promote adoption of the Cybersecurity Framework by critical
April 2013
Fine Levied Against California Super PAC a Possible Signal of Things to Come
Earlier this year we predicted that battles over the definition of “coordination” and Super PAC “independence” would play a significant role in the development of campaign finance law in the coming years. In keeping with that forecast, last week, the California Fair Political Practices Commission for the first time fined a Super PAC for allegedly…
FTC’s Current Enforcement Priorities: Infographic
Speaking at a seminar hosted by the International Association of Privacy Professionals, Assistant Director Chris Olsen and Senior Attorney Peder Magee, both of the Federal Trade Commission’s Division of Privacy and Identity Protection, provided a useful overview of the FTC’s recent enforcement actions and current enforcement priorities. Based on this discussion, the following infographic identifies the…
ECPA Reform Bill Sails Through Senate Judiciary Committee
Yesterday, a bill that would reform the Electronic Communications Privacy Act of 1986 (“ECPA”) was approved by the Senate Judiciary Committee on a voice vote. Under ECPA, as it currently stands, police need only a subpoena, issued without approval by a judge, to access private e-mails that have already been opened or that are more…
Boston Marathon Bombings Spark Renewed Debate Over Surveillance
In the wake of the Boston marathon bombings and in response to the quick work of law enforcement officials who were significantly aided in their identification of the suspected bombers by videos from government- and privately owned surveillance cameras, there has been renewed public discussion regarding the privacy implications of the proliferation of security cameras.…
FTC Releases Revised COPPA FAQs: Here’s What’s New
The Federal Trade Commission has released its much anticipated revised COPPA FAQs. Although these FAQs are not legally binding, they provide informal guidance to industry on staff’s interpretations of the COPPA Rule. For the most part, the FAQs reiterate past guidance and emphasize key provisions of the new COPPA Rule and its Statement of Basis and Purpose. However, here are 5 key…
First Amendment Does Not Protect Hackers’ Identities, NJ Court Holds
The First Amendment does not protect the identities of computer hackers, a New Jersey appellate court held this month.
Warren Hospital alleges that two anonymous individuals hacked into its web and email servers and sent inappropriate and defamatory messages to all hospital employees. The hospital and some employees filed a civil action against the John…
SEC and CFTC Issue Final Identity Theft Rule
Last week, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) published in the Federal Register a joint rule requiring entities regulated by the agencies to adopt programs to detect and prevent identity theft. The rule is referred to as the “red flags rule” and applies to certain broker-dealers, mutual funds, investment advisers, futures…
ZTE Signs Android Licensing Deal With Microsoft
On Tuesday, Microsoft announced a deal with ZTE under which ZTE will license Microsoft’s worldwide patent portfolio for use in cell phones, tablet computers, and other devices running the Android and Chrome operating systems. Although the terms of the ZTE deal were not released, Microsoft’s agreements with other device manufacturers have required a royalty payment…
Departments Publish Updated SBC Template, Making Few Changes for 2014
On April 23, 2013, the Departments of Labor, Health and Human Services and the Treasury (the “Departments”) issued an updated template and sample completed template for summaries of benefits and coverage (“SBCs”) that must be provided for coverage beginning in 2014. The Departments also released Frequently Asked Questions that include the following guidance:
- The only
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