Archives: Information Risk

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SCOTUS Will Not Review CFAA Password Sharing Case

The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held in Nosal that David Nosal violated the CFAA by using his past assistant’s password to access his former employer’s … Continue Reading

USCIS: Watch Out For I-9 Email Scams

As reported on our Global Immigration Blog, the U.S. Citizenship and Immigration Services (USCIS) has issued a notice regarding scam email requests for I-9 information.  According to USCIS, employers have received scam emails that appear to come from USCIS.  These scam emails come from a fraudulent email address (news@uscis.gov) and the body of the email may contain USCIS and … Continue Reading

New York AG Announces SHIELD Act

On November 2nd, New York Attorney General Eric T. Schneiderman announced his proposal of the SHIELD Act – Stop Hacks and Improve Electronic Data Security Act – a bill that would heighten data security requirements for companies and better protect New York residents from data breaches of their personal information. “It’s clear that New York’s … Continue Reading

Illinois Nursing Home Faces Employee Class Action Based on State Biometric Privacy Act

An Illinois nursing home is facing a putative class action lawsuit filed by a worker who argues that the facility’s required fingerprint scan for timekeeping poses a threat to their privacy, and violates Illinois’s Biometric Information Privacy Act (“BIPA”). From July 2017 to October 2017, at least 26 employment class actions based on the BIPA … Continue Reading

Industry Report calls for National Internet of Things Strategy

A coalition of the Information Technology Industry Council, the Semiconductor Industry Association, the U.S. Chamber of Commerce Technology Engagement Center, Intel, and Samsung, recently released a report that puts out a call for the creation and implementation of a national strategy to invest, innovate and accelerate development and deployment of the Internet of Things (“IoT”). … Continue Reading

VOTE 2017 – We’re back thanks to you!

We are proud to once again announce that the Workplace Privacy Report has been nominated for The Expert Institute’s Best Legal Blog Competition. From a field of thousands of nominees, the Workplace Privacy Report has received enough nominations to join one of the largest competitions for legal blog writing online today.  If you enjoy the Workplace … Continue Reading

Data Breach Preparedness: A critical risk management priority for small and mid-sized businesses

After hearing a lot lately about big companies suffering data breaches, it is important to remember that, according to inc.com, half of all cyberattacks target small to mid-sized businesses (SMBs). Based on a 2016 State of SMB Cybersecurity Report, CNBC reported that in the prior 12 months half of all SMBs in the U.S. had been hacked. … Continue Reading

Not So Entertaining: Cybercrime in the Entertainment Industry

Although certain industries are known targets for cyber attacks – healthcare, financial, government – cyber attacks pose a threat to all sectors. Organizations in the entertainment industry have increasingly become targets of cybercrime. Over the past several years, a number of large entertainment companies have fallen victim to cybercriminals, resulting in the threatened and actual … Continue Reading

Harvey and Irma – Reminders to Adopt/Reevaluate Your Disaster Recovery Plan

The effects of hurricanes like Harvey and the approaching Irma should be a reminder to all businesses of the importance of disaster recovery planning. When a storm approaches, a business’s first concern is how to protect its employees and physical property. However, we shouldn’t forget that a natural disaster can also destroy a business’s information and technology … Continue Reading

Delaware: The Latest State to Amend its Data Breach Notification Law

Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since 2005, effective 240 days after enactment (on or about April 14, 2018).  Delaware maintains the state law trend of requiring businesses … Continue Reading

2-Year Statute of Limitations Applies to HIV Patient’s Privacy Suit

A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without consent.  The three-judge Appellate Division panel rejected arguments by the doctor that the suit should be dismissed as time-barred … Continue Reading

Maryland Amends Personal Information Protection Act

The Maryland General Assembly has recently amended its Maryland Personal Information Protection Act, House Bill 974, effective January 1, 2018. Notable amendments expand the definition of personal information, modify the definition of breach of the security of the system, provide a 45-day timeframe for notification, allow alternative notice for breaches that enable an individual’s email … Continue Reading

Strengthening Data Security Through Human Resources and Information Technology Teamwork

Human Resources (“HR”) and information technology (“IT”) departments play unique and important roles within an organization. With instances of data breaches on the rise, however, companies should be mindful of the importance of regular communication and collaboration between employees in these departments with respect to issues of data security. Addressing such issues should not be … Continue Reading

Update: Case Involving Sharing of Passwords May Be Headed to the Supreme Court

Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without authorization.”  The former employee has now asked that the U.S. Supreme review the Ninth Circuit’s decision. The … Continue Reading

Global Cyberattack Exploits Known Vulnerabilities

As you likely know by now, international cybercriminals launched a worldwide ransomware attack last Friday with the European law enforcement agency Europol reporting over 100,000 affected organizations in 150 countries, including the U.S. Reports indicate that health care providers, universities, and other large companies were all targeted. The Department of Health and Human Services also … Continue Reading

Law Firms: Updated Cybersecurity Primer and Other Resources

Several years ago, we published a short primer for law firms intending to provide a brief discussion of key cybersecurity issues, including some helpful steps for safeguarding the client personal and confidential information they maintain. Since then, attacks against firms have increased, ethical rules are tightening, and clients are growing concerned.  In at least one … Continue Reading

President Trump’s Executive Order on Cybersecurity…

On May 11, 2017 – after weeks of anticipation – the White House released an Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.  There could not be better timing with a global cyberattack unleashing ransomware against governments and companies in nearly 100 countries around the globe. This newly released Executive Order … Continue Reading

Small Healthcare Provider Pays $31,000 for Failing to Have a Business Associate Agreement With File Storage Vendor

Disclosing protected health information (PHI) to a business associate without a compliant business associate agreement (BAA) is an improper disclosure under the HIPAA privacy and security regulations. According to the HHS Office for Civil Rights (OCR), an error like that can cost a small healthcare provider $31,000. OCR recently announced a resolution agreement (pdf) with … Continue Reading

Association of Corporate Counsel Develops Model Information Protection and Security Controls for Outside Vendors, Including Outside Counsel

The Association of Corporate Counsel (ACC), which represents over 42,000 in-house counsel across 85 countries, recently released its ACC Chief Legal Officers (CLO) 2017 Survey which found that two-thirds of in-house legal leaders ranked data protection and information privacy as ‘very’ or ‘extremely’ important.  In response to this growing concern, the ACC recently released “first-of-its-kind” … Continue Reading

Will More States Follow New York’s Lead?

As you know if you regularly read this blog, the New York State DFS finally finalized its “first-in-the-nation” cybersecurity rules with an effective date of March 1, 2017. And their reach is quite large: DFS-supervised entities from insurers and banks to mortgage brokers and credit unions (and their third-party service providers) will have to begin … Continue Reading

Companies May Soon Have a New Defense Against Cyber-Attacks

Co-author: Devin Rauchwerger  The Active Cyber Defense Certainty Act is a new bill that is gaining positive bipartisan support and significant interest from business communities, lawmakers and academics. The proposed bill amends the Computer Fraud and Abuse Act which does not provide adequate deterrence for criminal hacking. The new bill is aimed at helping businesses … Continue Reading

At Last, the Final DFS Cybersecurity Regulations….

We wanted to keep you informed on the progress of the DFS cybersecurity regulations, as they complete their journey through the approval process. DFS has been working on the regulations since its 2013-2014 studies on cybersecurity risks to financial institutions. As reported in our article, Getting Prepared for the New York Department of Financial Services’ … Continue Reading

Expert Insights on Developing a Physical Security Program

In today’s digital age, security tends to be thought about in terms of firewalls, malware, encryption and other safeguards for electronic systems. But the security of those systems, as well as an organization’s facilities, people and other critical assets depends significantly on physical security as well. We are delighted to share below some thoughts from an ASIS board certified expert … Continue Reading
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