Data Security & Privacy

FTC to U.S. Data Collectors: Implement ‘Do Not Track’ system or face privacy regulation

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On Monday, the Federal Trade Commission (“FTC”) issued a stern 73-page report on privacy, which outlines a demand for  Congress to pass comprehensive data privacy legislation.  The FTC wants to mandate that U.S. commercial data collectors implement a “Do Not Track” button on Web browsers by the end of the year, or the agency says […]

Business Law

Zappos.com Data Breach Was Detected, Incident Highlights Difficulties In Establishing Trust In eCommerce Industry

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Documents filed in federal court regarding the January data breach of Amazon.com subsidiary, Zappos.com, shows the online shoe retailer’s data security team had detected the cyber-intruder while the hack was in progress.  Zappos.com team members were able to thwart the breach before critical customer data was stolen, but the damage to its brand reputation continues to […]

Data Security & Privacy

Proposed Legislation Highlights U.S. Government’s Lack of Centralized Control Over Cyber-Infrastructure

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A reported issued last week by the U.S. Congress stated that Chinese cyber-warfare is capable of posing a “genuine risk” to U.S. national security.  Foreign governments are capable of launching a non-conventional war that could cause a “catastrophic” failure of systems and networks supporting critical infrastructure, factories, and databases.  Categorizing a cyber-attack as an “act of war” […]

Data Security & Privacy

‘Do Not Track’ Does Not Solve the Problem of Monitoring Consumer Behaviors’ Online

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In a meeting last week with federal regulators, the advertising and technology industry announced it would support a “Do Not Track” policy that would allow consumers to manage their online privacy settings.  This support comes after intense pressure from both the Obama Administration and Congress, on adopting a universal privacy bill of rights.  According to […]

Data Security & Privacy

F.T.C. Urges Mobile App Firms to Adopt ‘Privacy’ Considerations During Design Phase of Development

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Ms. Patricia Ross, head of the mobile technology unit at the Federal Trade Commission (“FTC”), was quoted last week in The New York Times as urging mobile technology firms, who build applications for smartphones, to build security into their products from the beginning of development, not after a “privacy debacle” has occured.  The direct message to the […]

Business Law

Lack of Internal Processes ‘Choked’ Nortel Networks Ability to Prevent Decades of Hacking

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A report by The Wall Street Journal today highlights the lack of attention corporate executives at the telecom device-maker, Nortel Networks, paid towards internal controls after it was discovered that, for over a decade, their corporate infrastructure had been illegally infiltrated by foreign agents.  As early as 2000, hackers apparently obtained the passwords of seven top officials […]

Business Law

What to Consider When Brand Reputation and Other Intellectual Property is Compromised in the Digital Age?

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In general, when a client comes into an attorneys’ office and alleges damage done to their businesses brand on the Internet, the immediate reaction is to commence legal proceedings – in other words, sue the bastards!  However, litigation is expensive, and fees can quickly escalate during the various phases leading up to trial.  Settlements are dictated through the […]