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DoD Releases Version 1.0 of the Cybersecurity Maturity Model Certification Framework

On January 31, 2020, the Department of Defense (DoD) released the latest version (Version 1.0) of its Cybersecurity Maturity Model Certification (CMMC) framework, setting forth future cybersecurity requirements for thousands...more

Amendments Proposed to California Consumer Privacy Act (CCPA) Increase Burdens and Penalties on Covered Businesses

Businesses in California and around the country have taken notice of the twists and turns taken so far concerning the passage of the CCPA. The California legislature passed the CCPA as an alternative to an even stricter...more

Start Aiming Now: The California Consumer Privacy Act (CCPA) Is A Moving Target, And GDPR Compliance Isn’t Enough

The CCPA is an unprecedented privacy law that grants California residents sweeping rights concerning the collection and use of their information. Once the law becomes effective on January 1, 2020, covered businesses can...more

FTC Commissioners Explore Path for Data Security Enforcement Following Major Eleventh Circuit Decision Vacating Common FTC Order...

In LabMD v. FTC, the Eleventh Circuit vacated an order requiring a company to implement a data security program “reasonably designed” to protect information. Following the LabMD decision, the FTC announced a series of public...more

California Internet Of Things Law First Step In Regulating Connected Devices

California will likely become the first state to regulate the security of internet-connected devices with a narrowly-written senate bill, SB-327, and an identical house bill, AB 1906 (collectively “the Bill”). If signed into...more

TCPA Text Messaging Lawsuits Demonstrate Importance Of Double Opt-In Consent

Continuing the increasingly aggressive trend of class actions filed against companies over allegedly unwanted texts, Kohl’s was recently sued in a Telephone Consumer Protection Act (“TCPA”) case over text messaging alerts...more

Facial Recognition Increasingly Used to Identify Suspects

Facial recognition technology was used to identify the man charged with carrying out the Capitol Gazette shooting in Baltimore, Maryland on June 28, 2018. It is the highest-profile case where the facial recognition technology...more

SEC Suspends Trading In Three Penny Stock Companies With Ties To Cryptocurrency

On February 16, 2018, the U.S. Securities and Exchange Commission (“SEC”) suspended trading in three penny stocks due to concerns about the accuracy of recent statements the companies made relating to their ties to...more

D.C. Circuit Decision Puts More Pressure On Databases To Be Reliable

Earlier this month, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) found that inaccuracies in the Department of Transportation’s (“DOT”) trucking database, when shared to...more

SEC Polices Initial Coin Offerings as Securities, Not Utility Tokens

The Securities and Exchange Commission (“SEC”) has taken a strong stance in enforcing securities laws over initial coin offerings (“ICOs”), which have recently become increasingly common as a way to fund startups....more

Ad Groups Ask FTC To Focus On Concrete Injuries, Not Subjective Emotional Distress

Several advertising groups recently filed comments with the Federal Trade Commission (“FTC”) urging the organization to pursue enforcement actions only against security and privacy practices that cause “concrete injuries” to...more

Preloaded Adware That Risked User Data Costs Lenovo $3.5 Million

Last week, Lenovo Inc. agreed to pay $3.5 million to settle allegations that it installed monitoring and advertising software on its laptops. The lawsuit was brought by the Federal Trade Commission (“FTC”) and 32 state...more

FTC Approves TRUSTe’s Updated Safe Harbor Program

On July 31, 2017, the Federal Trade Commission (“FTC”) announced that it voted 2-0 to approve TRUSTe’s modifications to its safe harbor program under the terms of the Children Online Privacy Protection Act (“COPPA”). TRUSTe...more

Increasingly Sophisticated And Damaging “NotPetya” Cyber Attack Highlights Importance Of Timely Update

Last Tuesday morning, June 27, 2017, a version of the “Petya” malware attack—dubbed “NotPetya”—hit several multinational companies in a variety of industries. This is the second major cyber attack in just two months following...more

China’s New Cybersecurity Law Takes Effect But Remains Ambiguous

China has moved to start enforcing its new cybersecurity law as of Thursday, June 1, but the impact of the rules on foreign firms remains to be seen. The law was originally promulgated November 7, 2016 and serves to increase...more

6/27/2017  /  China , Cross-Border , Cybersecurity , Popular

President Trump's Executive Order on Cybersecurity

On May 11, 2017, President Trump signed a long-awaited Executive Order that aims to bolster the cybersecurity of federal networks and critical infrastructure. In an effort to fulfill the President’s promise to get “tough on...more

The FTC Seeks Comment: How Trusty Is The TRUSTe Plan For COPPA Certification?

The Federal Trade Commission (FTC) is currently seeking comment on proposed changes to TRUSTe’s safe harbor program under the agency’s Children’s Online Privacy Protection Rule (COPPA). Per the Federal Register notice, the...more

Mobile Marketing - The Legal Guardrails

Dangerous Regulatory Landscape - ..Federal Law .TCPA .CAN-SPAM .FTC Regulations .FCC Regulations ..State Laws .Consumer Protection Statutes .Commercial Electronic Mail Acts .Privacy Torts... ...more

App Privacy Litigation Settles For $5.3 Million

Several major app developers, including Twitter, Facebook, Instagram, and Yelp, settled a putative class action pending in California federal court last week. The app companies have agreed to pay a consolidated $5.3 million...more

Wireless Carriers Warn FCC That Net Neutrality For Texts Will Increase Spam

The Federal Communications Commission (“FCC”) is weighing the benefits of protecting SMS text messaging under Title II of the Communications Act of 1934, often referred to as the Open Internet rules, versus continuing to...more

DHS Hosts Testing Events For GPS Manufacturers To Mitigate Spoofing Risks

The Department of Homeland Security (“DHS”) is hosting a series of test opportunities for manufacturers of Global Positioning System (“GPS”) receivers and components used in critical infrastructure to test their equipment...more

NY DFS’s Revised Cybersecurity Rules Are More Flexible, Still Mandatory For Banks And Financial Institutions

On December 28, 2016, the New York Department of Financial Services (“DFS”) issued a revised version of its proposed cybersecurity rule for banks, insurers, money service businesses, and regulated virtual currency operators...more

California Attorney General Makes Privacy Public With New Crowdsourcing Tool For Reporting Of Privacy Policy Violations

On October 14, the California Attorney General released a new online form designed to crowdsource reporting of allegedly inadequate privacy policies. The tool allows users to report violations of the California Online...more

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