David Ashenfelter reports on a ruling in a case with potentially huge implications, EMI v. Comerica (past coverage): Comerica bank must reimburse a Sterling Heights sheet metal company $561,000 it lost in an Internet phishing attack, a federal judge has ruled in what may be the first such case nationally to be tried to a…
Category: Commentaries and Analyses
Petition for Rehearing Filed in United States v. Nosal, the Ninth Circuit Case on Criminalizing Violations of Computer Use Policies
Orin Kerr writes: A petition for rehearing was recently filed in United States v. Nosal, the Ninth Circuit decision holding that an employee who violates his employer’s computer use policy is guilty of “exceeding authorized access” to the employer’s computer. I have posted a copy here. I hope the Ninth Circuit grants rehearing, as I think the Nosal case…
Stephen Foley: Calm down – despite the data breaches, there’s little actual fraud on the cards
Stephen Foley comments in The Independent on the recent CitiGroup breach and tries to prevent kneejerk reactions. He writes, in part: […] There have been 288 publicly disclosed breaches of financial services companies’ computer systems, according to the Identity Theft Resource Centre, and 83 million customer records compromised. That would suggest that, even if you…
Data breach plaintiffs increasingly successful
Well, the headline surprised me and I really wish they had cited some examples of plaintiffs winning, as frankly, I just don’t see it. Rodd Zolkos reports: Cyber liability plaintiffs are experiencing more success in the courts, significantly increasing potential costs for companies that have experienced data breaches, an expert said Thursday. Speaking at the…
Check Point and Ponemon Survey Reveals 77% of Businesses Experienced Data Loss Last Year
Check Point and the Ponemon Institute released the results of a new survey today. From their press release: 77 percent of organizations surveyed have experienced data loss in the last year. Key findings from the report, “Understanding Security Complexity in 21st Century IT Environments,” show respondents cited customer information (52%) as the most common type…
The Worst Example of Executive Data Security Ever?
Daniel Nolte writes: Fabrice Tourre of Goldman Sachs has the distinction of being the only person sued by the Securities and Exchange Commission for fraud in selling mortgage backed securities. While that may remain his primary claim to fame (thanks to a front-page article in the New York Times), there may be a secondary distinction added:…