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Category: Commentaries and Analyses

Ninth Circuit Holds That Violating Any Employer Restriction on Computer Use “Exceeds Authorized Access” (Making It a Federal Crime)

Posted on April 29, 2011 by Dissent

Orin Kerr writes: I had though the world was safe from the nuttiness of the Justice Department’s broad theories of the Computer Fraud and Abuse Act in the Lori Drew case. Not so. Readers may recall I once blogged about a similar case, United States v. Nosal, that raised similar issues in the context of an employee…

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Defending the Digital Gates: Universities and Cyber Security

Posted on April 28, 2011 by Dissent

Kevin Lizarazo writes: More than a year and a half ago, in a computer lab in Stony Brook University, Peter Yeh and his friend sat down at their terminals with one goal: to hack into a computer system. The target was the school’s SOLAR System, a web-based service for students and faculty to manage their…

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Sony answers some questions, while more inquiries pile on

Posted on April 28, 2011 by Dissent

Sony has posted a Q&A #1 for PlayStation Network and Qriocity Services, responding to some of the concerns raised about their recent breach. Of note, they say that all of the credit card data were encrypted, although they acknowledge that the personal data table was not encrypted. More will come out in time, of course….

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Data breach fines can risk more harm than good, experts say

Posted on April 22, 2011 by Dissent

George V. Hulme writes: Are regulatory and security breach fines protecting the consumer, or beginning to unduly drive security policy? As penalties begin to be levied against organizations who have been attacked, or employees violated data policy, some experts now question whether the government is penalizing one of the victims in a crime, rather than…

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ICO slammed for data protection enforcement failures

Posted on April 20, 2011 by Dissent

As regular readers of this blog already know, the ICO has issued fines over data protection breaches precisely four times since he acquired the authority to do so, despite public clamor for him to really get tough. Now Caroline Donnelly reports: … In total, information concerning 2,565 potential data breaches was passed on to the…

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Verizon-USSS 2011 data breach investigations report released – what do they know that we don’t?

Posted on April 19, 2011 by Dissent

The annual report based on breaches investigated by Verizon and the U.S. Secret Service is out.  On first reading of the report and the available media coverage, the big headline seems to be that while the number of records or data lost is down significantly, the number of breaches is significantly up – and more…

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