Edith M. Lederer of AP reports: North Korea has modernized its nuclear weapons and ballistic missiles by flaunting United Nations sanctions, using cyberattacks to help finance its programs and continuing to seek material and technology overseas for its arsenal, U.N. experts said. […] The panel said its investigations found that North Korean-linked cyber actors continued…
Category: Commentaries and Analyses
11th Circuit’s strict new rule for data breach standing will figure in Equifax appeal
Alison Frankel reports: Shiyang Huang is not a lawyer. Nor is he a professional objector who makes a living from demanding payments to drop filing vexatious objections to class action appeals. By his account, he’s just a pro se litigant from Topeka who doesn’t think federal courts should be called upon to adjudicate claims by…
RBNZ says partner Accellion kept it in the dark about data breach
Chris Keall reports: The Reserve Bank was kept in the dark for a crucial five days about a December data breach, Governor Adrian Orr says – contradicting its technology partner’s version of events. The incident – which saw sensitive data stolen – involved a file-sharing service run by US company Accellion. Read more on NZ…
What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year?
Here is some more commentary on the Fifth Circuit opinion in MD Anderson v. HHS. Elfin Noce, Liisa Thomas & Susan Ingargiola of SheppardMullin write, in part: On the ruling regarding the disclosure of ePHI, the Fifth Circuit held that HHS had failed to establish that MD Anderson disclosed ePHI to someone outside of the covered entity. The…
Brazilian Data Protection Authority Publishes Regulatory Strategy for 2021 – 2023
Hunton Andrews Kurth writes: On January 28, 2021, international Data Privacy Day, the newly formed Brazilian data protection authority (Agência Nacional de Proteção de Dados, the “ANPD”) published its regulatory strategy for 2021-2023 and work plan for 2021-2022 (in Portuguese). The ANPD’s regulatory strategy for 2021-2023 sets forth the agency’s vision for becoming a reference, nationally and internationally, with respect to…
Lessons from Wengui v. Clark Hill: Structuring a Two Track Cyber Investigation
Stephanie A. Diehl of Proskauer writes: As the D.C. District Court in Wengui v. Clark Hill recently commented, “[m]alicious cyberattacks have unfortunately become a routine part of our modern digital world. So have the lawsuits that follow them….” The court’s decision in that case has added another data point to developing jurisprudence of the cyberattack landscape, specifically…