Business Law

Intellectual Property Theft Soars as Cyber-Attacks Against Businesses Increase

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Verizon recently released its 2013 Data Breach Investigations Report, and the outlook for organizations trying to protect their intellectual property is dire.  Cyber-based corporate and industrial espionage has risen so dramatically in the last year that intelligence officials are asking boardrooms across the U.S. to be more vigilant against cyber-criminals who are motivated by financial gain […]

Business Law

The Lessons ‘Joe Camel’ Will Teach Developers of ‘Kids Apps’

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On July 1, 2013, the Federal Trade Commission (“FTC”) will begin enforcement of new regulations pertaining to the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  For two years, regulator’s had sought to update COPPA “with the times” by expanding the law beyond its original intent – to prevent web-based companies from obtaining personal information of children […]

Data Security & Privacy

Ninth Circuit: Warrantless Forensic Examination of Electronic Data Must Meet 4th Amendment Requirements

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Earlier this month, March 8, 2013, the Ninth Circuit U.S. Court of Appeals issued a ruling related to the warrantless forensic examination of electronic data on a laptop that was seized at the U.S.-Mexico border in Arizona (U.S. v. Cotterman, No. 09-10139).  The fallout from the U.S. v. Cotterman ruling is significant in that, going forward, law […]

Data Security & Privacy

Failure to Reach Regulatory Oversight on Cybersecurity, Highlights Tension Between FCC and ISP’s

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The United States Telecom Association, whose member representatives include Internet service provider’s like CenturyLink, AT&T, and Verizon, appears to have blocked a Federal Communications Commission advisory panel’s recommendation on measures needed to deal with the nation’s cyber-security problem.  The lack of an agreement on Internet regulatory oversight highlights growing tension between the Obama administration’s directive, which orders […]

Business Law

‘Data Governance’ – A Way for Organizations to Fight Cyber-Attacks

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As the U.S. intelligence community prepares to militarize its cyber-units for warfare in a virtual world, the rest of us are left to wonder how can we protect our asset resources from a “virtual-attack.”  Cyber-warfare and espionage have now supplanted terrorism as the greatest threat to our national infrastructure.  As a result of more mainstream media coverage, the […]

Business Law

Newly Appointed FTC Chair Says She will Focus on COPPA, Regulating Mobile Apps, and Internet Privacy

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Newly appointed Federal Trade Commission Chair Ms. Edith Ramirez indicated today in a Q&A discussion that the priorities for the FTC under her watch will be enforcement of the COPPA (Children’s Online Privacy Protection Act) law; regulating the mobile application world, due to its tremendous footprint amongst the American consumer; and a new initiative centered […]

Data Security & Privacy

Debate: Should A Company Be Required To Disclose A Data Breach?

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Breaches of an organizations critical infrastructure, specifically its cyber-infrastructure, have become a daily recurring problem for businesses and governments worldwide.  Allegations of the Chinese military hacking into IT networks of American businesses and organized criminal enterprises setting up lucrative black market schemes permeate the mainstream media market.  When a breach of mission-critical data occurs, should the […]

Business Law

State of WA Legislature Looks to Protect Employees from Disclosing Social Media Passwords to Employers

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A group of Washington State Senator’s are sponsoring a proposed state law that would prohibit businesses from requiring potential and current employees disclose the passwords of their social media sites.  Under proposed Senate Bill 5211, businesses would be prohibited “as a condition of employment or continued employment, from requiring an employee or prospective employee to […]

Data Security & Privacy

Self-Regulation Does Not Provide ‘Sufficient Protection’ Against APTs – EU to Adopt New Cybersecurity Rules

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Advance Persistent Threats, or “APTs” as they are known to cyber-security experts, occur when individuals or groups gain unauthorized access to a computer network with the intent to cause a persistent catastrophic interruption of mission-critical functions.   For quite some time, governments from around the world have taken a “hands-off” approach to regulating how organizations secure their mission-critical information.  […]

Data Security & Privacy

Data Privacy Day 2013: Google and Twitter Release Reports Highlighting Increase in ‘Warrantless’ Government Surveillance

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Happy Data Privacy Day 2013! To data privacy professionals and advocates, January 28th is an opportunity to create awareness and underscore the importance of how mission-critical data can affect our daily routine.  In two separately released reports by “data” giants Google, Inc. and Twitter, Inc., both companies conclude that the U.S. government rarely establishes probable cause […]