Following up on our recent post on the subject, I had the opportunity to speak with Colin O’Keefe, Editorial Manager-LexBlog, on the FCC’s first foray into policing a cybersecurity incident. In the brief video interview, I explain what happened and what it could mean going forward. Special thanks to Colin, and LXBN TV, for
FCC Issues First Data Security Fine
On October 24, 2014, the Federal Communications Commission (FCC) announced its intention to fine two telecom companies $10 million for several violations of laws protecting the privacy of phone customers’ personal information. This marks the FCC’s first data security case and the largest privacy action in the FCC’s history.
According to the FCC, TerraCom, Inc.
Second Circuit Finds No Consent in TCPA Appeal
In a recent ruling, the U.S. Court of Appeals for the Second Circuit revived a claim against debt collector under the Telephone Consumer Protection Act (“TCPA”), finding that the recipient of the call never expressly consented to the calls.
The plaintiff, Albert Nigro, called the power company to discontinue service at the home
Data Incident Response–Are You Prepared?
Two recent surveys provide some detailed analysis of cybersecurity and its impact in today’s world.
The Global State of Information Security Survey 2015, conducted by PricewaterhouseCoopers LLP (PWC), found a 48% increase in the number of security incidents detected from 2013. PWC surveyed more than 9,700 security, information technology and business executives found
Delaware Joins List of States Regulating Data Disposal
On January 1, 2015, Delaware employers who dispose of records which contain the unencrypted personal identifying information of employees must take steps to ensure the privacy of such information. The bill, H.B. 294, was recently signed by Delaware’s Governor Jack Markell.
The new law defines personal identifying information as an employee’s first name
*UPDATE* Suit Against School District Regarding Tweet Settles
As previously reported, in a March 2014 filing titled H.W. v. Sterling High School District, a New Jersey high school student filed suit claiming school officials had violated her constitutional rights when they punished her for content she posted on Twitter which criticized Sterling High School’s principal.
The settlement, which was approved by
Missouri Constitutional Amendment Protects Electronic Privacy
On August 5, 2014, Missouri voters approved Amendment 9 to the Missouri Constitution making Missouri the first state in the nation to offer explicit constitutional protection to electronic communications and data from unreasonable serches and seizures.
The official ballot title asked: “Shall the Missouri Constitution be amended so that the people shall be secure in
NY Department of Financial Services Proposes Virtual Currency Rule
The New York Department of Financial Services recently published proposed regulations which would require virtual currency businesses operating in New York State to safeguard data and protect customer privacy.
Notably, the proposed regulations include requirements for virtual currency business to maintain cyber security programs and business continuity and disaster recovery plans.
Virtual currencies under the
Twitter Bio At Issue In NFL Arbitration
As reported by ESPN, Jimmy Graham‘s Twitter bio could play a crucial role in the National Football League (“NFL”) arbitration hearing between the New Orleans Saints and Graham.
For those unfamiliar with the story, the New Orleans Saints placed a tight-end franchise tag on Graham. Under the tag, Graham must be offered a
Prepare For Increased HIPAA Fines
Since mid-2013, the Department of Health and Human Services has recovered more than $10 million from numerous entities in connection with alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”). However, during a recent American Bar Association conference, Jerome B. Meites, a chief regional civil rights counsel at the Department of Health and