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Category: Commentaries and Analyses

Healthcare Data Breach Litigation Trends

Posted on September 26, 2017 by Dissent

Bryan Cave provides a summary analysis of litigation in terms of what kinds of claims tend to fail to demonstrate standing in class action lawsuits and what types of claims may be sufficient to demonstrate standing. What they don’t show on either side of their chart is the question of “are the data involved highly embarrassing/stigmatizing?”…

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7% of All Amazon S3 Servers Are Exposed, Explaining Recent Surge of Data Leaks

Posted on September 25, 2017 by Dissent

Catalin Cimpanu reports: During the past year, there has been a surge in data breach reporting regarding Amazon S3 servers left accessible online, and which were exposing private information from all sorts of companies and their customers. In almost all cases, the reason was that companies, through their staff, left Amazon S3 “buckets” configured to…

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Public shaming likely but GOP wary of new laws after Equifax breach

Posted on September 24, 2017 by Dissent

AP reports what I’ve basically been telling everyone already. Prospects are good for a public shaming in the Equifax data breach, but it’s unlikely Congress will institute sweeping new regulations after hackers accessed the personal information of an estimated 143 million Americans. Since early this year, President Donald Trump and the Republican-led Congress have strived…

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How Ransomware has become an ‘Ethical’ Dilemma in the Eastern European Underground

Posted on September 22, 2017 by Dissent

Regular readers of this site will remember the Hollywood Presbyterian Medical Center ransomware incident, if for no other reason than it was the first time we had a medical center publicly revealing that they had been hit by ransomware and had decided to pay the ransom (approximately $17,000) than risk a shutdown of life-saving equipment….

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Analysis of August healthcare breaches highlights hacking incidents

Posted on September 22, 2017 by Dissent

Protenus’s Breach Barometer for August notes that hacking incidents accounted for 54.5% of the health data breaches disclosed in August and  95% of the 673,934 breached records for August incidents. Also of note: Extortion demands and non-automated ransom demands also continue to plague the healthcare industry, although in many cases, media reports and HHS reports make no mention…

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California Court Weighs in on the FTC’s Data Security Enforcement Authority

Posted on September 20, 2017 by Dissent

Kade N. Olsen and Craig A. Newman report on a court opinion in the D-Link case – a case that addresses some of the issues also raised in LabMD vs. FTC: Yesterday, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive”…

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