Joseph F. Welborn III discusses possible theories of liability for lawsuits against Ashley Madison in the wake of its massive databreach. He writes, in part: One interesting theory of liability comes from an old common law tort that has been phased out legislatively in all but seven states – alienation of affections. In fact, this…
Category: Commentaries and Analyses
Hundreds of Millions of Android Smartphones hit with ‘Certifi-gate’ Security Breach
According to the researchers at security firm Check Point, “Hundreds of millions of Android smartphones may be at risk from a security flaw that allows hackers to hijack a handset without a victim’s knowledge. Devices made by Samsung, HTC, LG and ZTE, including those running the latest version of Android, are potentially vulnerable. Check point…
Little progress made in FOIA lawsuit against FTC over data security standards
On May 14, I noted an article in Legal Times about a FOIA lawsuit filed by Philip Reitinger against the FTC. Reitinger sued the FTC after it returned no responsive documents to his FOIA request of November, 2014. Reitinger originally sought: Any and all documents including memoranda, communications, decisions, deliberations, and analyses regarding standards, guidelines, or…
The Federal Government Expects to Spend $500M on Post-Hack Benefits by 2020
Eric Katz reports: The federal government spelled out in a request for submissions from contractors how it plans to respond to future hacks of personnel data, a tacit acknowledgment no amount of system security bolstering can effectively prevent breaches from happening altogether. The General Services Administration on Tuesday evening put forth a request for quotes on a blanket…
Fighting fire with fire: Anonymous security net targets enterprises
Paul Gillin reports: Paul Kurtz believes US enterprises have a fundamental disadvantage in fighting cyber attacks: The bad guys are cooperating with each other while the good guys work alone. Concerns about government regulation, bad publicity and intellectual property theft prevent organizations from telling anyone outside their four walls about security threats they face, said…
Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches
Breton Leone-Quick writes: … The legal liability of employers for data breaches by its employees is generally an underdeveloped area of the law. But a case currently pending before the Massachusetts Appeals Court will help determine the scope of this liability in Massachusetts. In the Superior Court case, Adams v. Congress Auto Insurance Agency, Inc., No. MICV2013-01322-D (Mass….