Jeffrey M. Schlossberg of Jackson Lewis writes: Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without authorization.” The former employee has now asked that the U.S. Supreme review the Ninth…
Category: Federal
Under the right to information law, Aadhaar data breaches will remain a state secret
All one billion Aadhaar records could be hacked and stolen, and the government wouldn’t have to disclose it or answer any questions about it? Anumeha Yadav explains that Section 6 of the Aadhaar (Sharing of Information) Regulations says: The Aadhaar number of an individual shall not be published, displayed or posted publicly by any person or entity or agency….
Opening Appellate Brief filed in U.S. v. Thomas
Tor Ekeland writes: U.S v Michael Thomas, No. 16-41264 (5th Cir.) Last night in the Fifth Circuit Court of Appeals we filed the Opening Appellant Brief in U.S. v. Michael Thomas. In June of 2016, in an important CFAA case regarding the definition of unauthorized damage, a jury convicted Michael Thomas of a single count felony violation for causing damage…
Will a Pending OCR Rule Impact Breach Class-Action Suits?
Marianne Kolbasuk McGee A pending federal regulation – called for under the HITECH Act – that would allow regulators to share with breach victims money collected in HIPAA violation cases eventually could have implications in class-action breach lawsuits, says privacy attorney Adam Greene. The Department of Health and Human Services’ Office for Civil Rights “is working on a new…
Australia finally gets data breach notification laws at third attempt
Chris Duckett reports: At the third time of asking, Australia will have data breach notification laws. The passage of the Privacy Amendment (Notifiable Data Breaches) Bill 2016 through the Senate on Monday means Australians will in the near future begin to be alerted of their data being inappropriately accessed. The legislation is restricted to incidents involving personal information,…
FBI Search Warrant That Fueled Massive Government Hacking Was Unconstitutional, EFF Tells Court
Boston—An FBI search warrant used to hack into thousands of computers around the world was unconstitutional, the Electronic Frontier Foundation (EFF) told a federal appeals court today in a case about a controversial criminal investigation that resulted in the largest known government hacking campaign in domestic law enforcement history. The Constitution requires law enforcement officers seeking a search warrant…