Gus Hurwitz has a slightly different take on the Third Circuit’s opinion in FTC v. Wyndham. On the issue of notice, he writes, in part: The court goes on to find that Wyndham had sufficient notice of the requirements of Section 5 under the standard that applies to judicial interpretations of statutes. And it expressly notes…
Category: Business Sector
Ninth Circuit overturns CFAA verdicts for misusing databases
Orin Kerr writes: The Ninth Circuit has handed down United States v. Christensen, a case that touches on a bunch of computer crime issues that include the scope of the Computer Fraud and Abuse Act (CFAA). The court overturned CFAA convictions for employee misuse of a sensitive database. I think that result is correct, although I’m…
Banks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements
Kevin M. McGinty of Mintz Levin writes: Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion for class certification has just been unsealed, allowing a glimpse at plaintiffs’ version of the events during November and December 2013 that resulted in theft of payment…
Target: SEC won’t penalize it over 2013 data breach
Evan Ramstad reports: The Securities and Exchange Commission decided not to penalize Target Corp. for the 2013 cyberattack that led to the exposure of data for millions of the retailer’s customers, the company said Tuesday. The agency was one of several governmental entities to investigate the company in the wake of the attack, one of…
Should Ashley Madison worry about U.S. class actions?: Frankel
Alison Frankel writes: The adultery-encouraging website Ashley Madison is now facing at least five U.S. class actions by users who claim the site failed to protect their confidential information from hackers who have since dumped their names, addresses and sexual predilections onto the Internet. The good news for people burned in the Ashley Madison attack:…
Aviva ‘revenge’ phone hacker jailed for 18 months
BBC reports: A man has been jailed for 18 months for hacking into 900 phones belonging to the insurance company Aviva. Richard Neale, 40, pleaded guilty to carrying out the attack as revenge after falling out with colleagues. He was previously a director at Esselar, a company contracted by Aviva to run its security network….