President Trump Signs Executive Order On Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure

On May 11, President Trump signed Executive Order (EO) on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure. This is a significant development for U.S. cybersecurity as it represents a concrete call to action for the government to modernize its information technology, beef up its cybersecurity capabilities, protect our country’s critical infrastructure from cyberattacks, and ensure the overall cybersecurity and privacy of the internet for generations to come. View Full Post
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Deeper Dive: Ransomware – WannaCry and the Future of Ransomware-as-a-Service

In our 2017 BakerHostetler Data Security Incident Response Report, we addressed the increasingly ubiquitous scourge of ransomware, one of the fastest-growing types of malware causing data security incidents. We noted that ransomware attacks have been steadily expanding in both frequency and severity, and that those trends seemed set to continue for the foreseeable future. View Full Post
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New Republican Privacy Bill Would Expand Scope of “Sensitive” Data

By | Inside Privacy | May 22, 2017
Representative Marsha Blackburn (R-TN) has introduced a bill, the “Balancing the Rights of Web Surfers Equally and Responsibly Act of 2017” (“BROWSER Act, ” H.R. 2520) that would  create new online privacy requirements.  The BROWSER Act would require both ISPs and edge providers (essentially any service provided over the Internet) to provide users with notice of their privacy policies, obtain opt-in consent for sensitive data, and opt-out consent for non-sensitive data.  View Full Post
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Update: Case Involving Sharing of Passwords May Be Headed to the Supreme Court

Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without authorization.”  The former employee has now asked that the U.S. View Full Post
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New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New York’s highest court—leaves Facebook users exposed to wide-ranging and largely unchecked inquiries by New York criminal prosecutors into their Facebook accounts. View Full Post
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Online Sales Restrictions Continue to Be Top Enforcement Priority in EU

The European Commission recently published its long-awaited final report on its E-commerce Sector Inquiry launched two years ago. Therein, the Commission identifies that pricing limitations, dual pricing (i.e., charging different prices according to the channel through which a product is sold) and platform bans are among the most widespread vertical competition restraints in e-commerce implemented particularly often in distribution agreements between manufacturers and retailers in Germany. View Full Post
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Brexit – How Will My IP Rights Be Affected?

The two year countdown to Brexit has begun. With the clock ticking, there is now a more urgent need for businesses to plan for the impact that Brexit will have on their operations. We have produced an updated briefing for intellectual property owners explaining the likely implications for their EU-wide IP protection, particularly where there is a so called ‘hard Brexit’.  View Full Post
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Court Applies Work Product Protection to Breach Investigation Reports

One of the most significant questions in data security law is whether reports created by forensic firms investigating data breaches at the direction of counsel are protected from discovery in civil class action lawsuits.  They are, at least according to an order issued last week in In re Experian Data Breach Litigation. View Full Post
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China Releases Revised Draft On Measures for Implementation of the New Cybersecurity Law

On May 19, 2017, the Cyberspace Administration of China (“CAC”) issued a revised draft (the “Revised Draft”) of its Measures for the Security Assessment of Outbound Transmission of Personal Information and Critical Data. The original draft was issued in April 2017, and similar to the original draft, the Revised Draft does not have the impact of law; it does, however, provide an indication of how the CAC’s views on the Cybersecurity Law have evolved since the publication of the original draft. View Full Post
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Ransomware Attacks: Why They’re Growing, Who They Target and What You Can Do

By | Parker Poe GRC | May 19, 2017
Ransomware attacks have been surging the past few years and reached a headline-grabbing peak with the recent hijacking of computers in English hospitals, Chinese universities and countless businesses worldwide. This should be the last wakeup call for companies, nonprofits and government agencies possessing sensitive, potentially valuable data. View Full Post
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