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Category: Federal

Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement

Posted on February 1, 2017 by Dissent

Carol Mongtgomery of Butler Snow LLP writes: The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act (“CFAA”) case, spinning the employee’s case against his employer on its head. The facts of Brown Jordan International, Inc. v. Carmicle stemmed from the employment of Christopher Carmicle by Brown Jordan, a furniture manufacturer….

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PII Training Required for Government Contractors, Effective Jan. 19

Posted on January 19, 2017 by Dissent

Christian B. Nagel, Todd R. Steggerda, Ronald L. Fouse, David G. Dargatis, and Edwin O. Childs of McGuireWoods LLP write: Beginning January 19, federal government contracts will contain additional training requirements for contractors who deal with personally identifiable information (PII) or with a system of records. Affected contractors must provide privacy training to their employees,…

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“….and in no case later than 60 calendar days after discovery of a breach”

Posted on January 11, 2017 by Dissent

I’ve been encouraging (ok, nagging) HIPAA lawyer Jeff Drummond of Jackson Walker to write a post explaining what the 60-day notification provision really means in HIPAA, as I’ve always had a lot of questions about it, such as: Does the 60-day clock start when the covered entity (CE) first discovers that they might have a…

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EBA’s Proposed Guidelines Call for 2-Hour Notice of Data Breach

Posted on December 13, 2016 by Dissent

From PayBefore: The European Banking Authority (EBA) working with the European Central Bank (ECB) recently released a consultation paper on guidelines for payment service providers (PSPs) to follow in the event of security breaches. Among the suggested mandates is notifying authorities of an incident within two hours from the moment the breach is detected—that’s significantly faster than…

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New cyber incident notification guidelines take effect April 1, 2017

Posted on November 25, 2016 by Dissent

Tony Ware reports: The U.S. Computer Emergency Readiness Team (US-CERT) is implementing new reporting requirements beginning April 1, 2017, and just released new guidelines to help federal departments and agencies; state, local, tribal, and territorial government entities; information sharing and analysis organizations; and foreign, commercial and private-sector organizations submit incident notifications. An “incident” is defined…

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Department Releases Intake and Charging Policy for Computer Crime Matters

Posted on October 27, 2016 by Dissent

As computers play an ever-greater role in our lives and cybercrime becomes both more commonplace and more devastating, the need for robust criminal enforcement of effective computer crime laws will only become more important.  As we’ve said in public remarks last year, we urgently need targeted updates to the Computer Fraud and Abuse Act that will help the department…

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