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Category: Federal

Cyber Plan Would Hold Software Makers Responsible in Hacks

Posted on March 3, 2023 by Dissent

Katrina Manson reports: The Biden administration is set to release an aggressive new national cybersecurity strategy on Thursday that seeks to shift the blame from companies that get hacked to software manufacturers and device makers, putting it on a potential collision course with big technology companies. The 35-page strategy, shared in advance with a group…

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HHS OCR creates new HIPAA enforcement arm and enhances focus on cybersecurity and privacy oversight

Posted on March 2, 2023 by Dissent

Marcy Wilder, Scott Loughlin, Melissa Bianchi, Paul Otto, and Alyssa Golay of Hogan Lovells write: This week the U.S. Department of Health and Human Services, the agency responsible for HIPAA enforcement, announced the formation of three new divisions within the Office for Civil Rights (“OCR”). The new divisions – Enforcement, Policy, and Strategic Planning –…

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Hong Kong: Data Security Measures Guidance published by the PCPD

Posted on March 1, 2023 by Dissent

Anna Gamvros (HK) and Edward Yau (HK) of Norton Rose Fulbright write: As data breaches and cyber attacks continue to surge and attackers become more sophisticated, organisations are well aware that the need for robust data security measures is becoming increasingly important. In Hong Kong, the Office of the Privacy Commissioner for Personal Data (the PCPD)…

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Supreme Court Hears Healthcare Identity Theft Case

Posted on February 28, 2023 by Dissent

Marianne Kolbasuk McGee reports: Justices on the U.S. Supreme Court seem ready to restrict federal prosecutors’ use of a federal law criminalizing identity theft after hearing a case challenging its application in a Medicaid fraud case. Traditional identity theft involving appropriation of personal information for criminal ends, such as obtaining fraudulent prescriptions or submitting fake…

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Digital Healthcare Platform Ordered to Pay Civil Penalties and Take Corrective Action for Unauthorized Disclosure of Personal Health Information

Posted on February 23, 2023 by Dissent

Following up on the FTC’s February 1 announcement about its enforcement action against GoodRx, the Department of Justice announced yesterday: The Department of Justice, together with the Federal Trade Commission (FTC), announced today that the government has resolved allegations that GoodRx Holdings Inc., doing business as GoodRx Gold, GoodRx Care, and Hey Doctor (GoodRx), violated…

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Thoughts on Dubin v. United States and the Aggravated Identity Theft Statute

Posted on February 22, 2023 by Dissent

Law professor Orin Kerr writes: On February 27, the Supreme Court will hear argument in Dubin v. United States, a case on the Aggravated Identity Theft Statute, 18 U.S.C. § 1028A. This statute comes up often in the context of computer crimes, and its interpretation raises some interesting and important questions. So I thought I would blog…

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