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Congress Enacts CLOUD Act within Omnibus Spending Bill to Address Overseas Storage of Electronic Data, Potentially Mooting Supreme...

On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act)....more

Data Privacy + Cybersecurity Insider - March 2018 #4

Russians Continue to Attack U.S. Energy and Power Sectors - Late last week, a joint statement by the Department of Homeland Security and the Federal Bureau of Investigation confirmed that the Russian government has been...more

U.S. Citizen Sues Cambridge Analytica in U.K. Courts for Violations Under U.K. Data Protection Act

On March 16, David Carroll, a New York based American professor sued Cambridge Analytica (CA) in the U.K. courts, after the data analytics firm allegedly failed to respond to his request made pursuant to the U.K. Data...more

Facebook and the English Data Firm Cambridge Analytica (CA) Face Intense Scrutiny for Possible Misuse of Facebook User Data

Facebook and the English data analytics firm Cambridge Analytica (CA) are facing intense scrutiny in response to numerous reports about the possible misuse of data of 50 million Facebook accounts. The data was originally...more

P+T Intelligence Newsletter - February 2018

Patent infringement defendants have been enjoying a good ride for some time now. The Supreme Court, with decisions like Alice Corp. v. CLS Bank International, have for the most part raised the barriers for patentees and...more

Data Privacy + Cybersecurity Insider - January 2018 #2

Health Care Organizations Saw an 89% Increase in Ransomware in 2017 - Our experience last year is consistent with the conclusion of a new report issued by Cryptonite in its 2017 Health Care Cyber Research Report—that the...more

Spectre And Meltdown Vulnerabilities Affect Processors In Wide Range of Computing Devices

This week, the world learned of widespread and serious vulnerabilities in most central processing units (CPU). CPUs manage the instructions received from the hardware and software running on a computer. The vulnerabilities,...more

IP+T: Intelligence Newsletter - December 2017

If you own trademark registrations in the United States, you are required to make certain filings with the U.S. Patent and Trademark Office (PTO) to keep your trademark registration(s) alive. In particular, prior to the sixth...more

Data Privacy + Cybersecurity Insider - November 2017 #3

We previously warned readers about the Locky ransomware, which is potent and designed to use phishing emails to lure users to click on links and attachments, including pdfs. Now, researchers at Cylance have discovered...more

Big Data and Antitrust: Rethinking Competition Law in the Data Economy

As we approach calendar year end, traditionally the busiest period of the year for mergers and acquisitions, it is worth revisiting whether our existing competition law framework can and does properly assess the market power...more

Data Privacy + Cybersecurity Insider - October 2017 #3

Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks. The vulnerability, Key Reinstallation...more

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by...more

EU-Japan’s Major Trade Pact Includes Agreement to Review Restrictions on Personal Data Flows Between The European Union and Japan

Japan and the European Union announced an agreement in principle on major components of a substantial free trade deal on the eve of the recent G20 summit in Hamburg. This free trade deal rivals NAFTA in scope and impact, as...more

Twitter Updates its Privacy Policy

Twitter recently announced updates to its Privacy Policy. The updates are effective on June 18, 2017. By using the social media platform on or after that date, Twitter users will be deemed to have agreed to these updates....more

GPDR Effective Date and Geographical Scope of Application

The GDPR will apply as of May 25, 2018. It provides a single set of very innovative rules directly applicable in the entire European Union (EU), without the need for national implementing measures—which means that any...more

Eight Thousand Clients Affected by Data Breach at Two Massachusetts Accounting Firms

Two Massachusetts accounting firms separately recently notified the Office of the Massachusetts Attorney General and the Office of Consumer Affairs and Business Regulation of data breach incidents at their firms, resulting in...more

FTC resolves allegations against three U.S. based companies involving misrepresentations of International Privacy Program...

Privacy laws in Asia-Pacific countries such as Japan, Australia, New Zealand and Singapore restrict the export of personal information except when the exporter meets certain qualifying conditions. One qualifying condition is...more

FCC Broadband Privacy Regulations Rescinded; States Consider Adopting Measures

As was expected, President Trump signed into law the rescinding of the broadband privacy regulations adopted in 2016 by the Obama administration’s Federal Communications Commission (FCC)....more

Yahoo Breaches Cost Shareholders $350 Million From Lowered Purchase Price, CEO Forfeits $14 Million in Compensation

Yahoo’s troubles for failing to timely disclose security breaches provides rare insight into quantifying the financial and other costs to a company’s shareholders and leadership when a security breach occurs and is...more

WhatsApp security flaw, lawsuit in Germany

Tobias Boelter, a University of California Berkeley cryptography researcher claims that last year he found a security flaw in WhatsApp’s encrypted smart phone messaging application. The flaw, which relates to the unique...more

Massachusetts Data Breach Notification History Now Available Online

The Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) has published an online list of data breach notifications issued each year to Massachusetts residents since 2007, the inception of the...more

Global Privacy and Data Security in 2016 and 2017

In 2016, new privacy, cybersecurity and/or data security legislation passed or became effective in a number of countries, some adopting data security measures for the first time. Several countries adopted cybersecurity...more

Update on the Privacy Shield

Last July, the United States and the European Union agreed on a new framework to allow for the transfer of Europeans’ personal data to the United States. This new framework, known as Privacy Shield, replaced the Safe Harbor...more

EU-US Privacy Shield for transatlantic data transfers finalized

Transfers of personal data from most European countries to the US have been exposed to legal attack since October 2015, when privacy campaigner Max Schrems successfully sued the Irish authorities over data transfers made by...more

FBI reports $3.1 billion lost by businesses through “business email compromise”

Wire fraud crime has long been a problem for financial institutions and banks. However, wire fraud through email is a completely different beast. Originally characterized by law enforcement as an extension of traditional wire...more

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