C. Ryan Barber reports: The Federal Trade Commission on Wednesday adopted an indemnity policy that will shield lawyers and other staff from any personal liability for enforcement actions that draw a lawsuit and expose them to a monetary judgment. The policy, adopted without public comment, will allow the agency to cover the cost of any…
Category: Federal
Judges Question FTC Data Security Standard at LabMD Argument
Jimmy Koo reports: The Federal Trade Commission’s data security enforcement standard came under fire June 22 from a panel of federal appeals court judges ( LabMD, Inc. v. FTC , 11th Cir., No. 16-16270, oral argument 6/21/17 ). As predicted, the level of harm required for the FTC to act was “front and center” during…
The Computer Fraud and Abuse Act Will Need To Wait Another Day In New York’s Commercial Division
Justice Shirley Kornreich recently issued one of the few New York state court decisions that address the Computer Fraud and Abuse Act (“CFAA”). Spec Simple, Inc. v. Designer Pages Online LLC, No. 651860/2015, 2017 BL 160865 (N.Y. Sup. Ct. May 10, 2017). The CFAA criminalizes both accessing a computer without authorization and exceeding authorized access…
Update: Case Involving Sharing of Passwords May Be Headed to the Supreme Court
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…
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that Section 6 of the Aadhaar (Sharing of Information) Regulations says: The Aadhaar number of an individual shall not be published, displayed or posted publicly by any person or entity or agency….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…