Orin Kerr writes: Next week, the Supreme Court will hear its first case involving the controversial federal computer crime law, the Computer Fraud and Abuse Act (CFAA), found at 18 U.S.C. 1030. The case, Musacchio v. United States, has relatively little do with the CFAA. But it does end up touching on one of the most…
Month: November 2015
Quest Diagnostics sued over fax errors breach, but are they really responsible?
A few days ago, I noted a report from NBC about hundreds of misdirected faxes that were intended for Quest Diagnostics. The report mentioned that a lawsuit had been filed over the breach. Here’s the press release on the lawsuit, below, but I’m not sure on why it’s Quest being sued. Are they responsible or liable…
LabMD ruling should be a wake-up call for FTC data security enforcement
For another informed perspective on the impact of the initial decision in FTC v. LabMD, I’d strongly encourage this site’s readers to read Gus Hurwitz’s thought-provoking analysis and commentary on TechPolicyDaily.com. Here’s a snippet: … Judge Chappell had none of the FTC’s argument. “The term ‘likely’,” he tells us, “does not mean that something is merely…
Smut-viewing Android apps actually steal your data
John Leyden reports: A brace of supposed porn apps for Android actually push ransomware or steal personal data from mobile device, cloud security firm Zscaler warns. One strain of Android malware scares the user with a warning screen that falsely accusing them of watching images of child abuse. After installing the app on a device,…
Ca: Hospital clerk fined $36,000 for selling patient records
Jacques Gallant has a follow-up to a case that I’ve been covering on this site since it was first disclosed: A former Rouge Valley hospital records clerk was fined $36,000 and given two years of probation on Monday for selling thousands of maternity patient records to RESP firms. Shaida Bandali, 62, pleaded guilty earlier this…
Does the FTC Act require FTC to consider breach mitigation in demonstrating “likely” injury?
Jon Neiditz writes: The day after the LabMD decision, I wrote the post linked here because the whole world appeared to be ignoring the importance of that stunning decision. In the last week, even though hundreds of posts, alerts and articles about LabMD have been written, they and all of the media questions I am struggling now to answer still miss some…