Cory Bennett reports: The House Judiciary Committee on Wednesday approved a bill aimed at cracking down on the cyber thieves who profit from stolen credit card information. The Cybercrime Anti-Resale Deterrent and Extraterritoriality Revision (CARDER) Act would give law enforcement more tools to go after foreign criminals who sell credit card data stolen from Americans…
Category: Federal
Confusion Abounds in Supreme Court Arguments in Mussachio
Molly Willms reports on a case before the U.S. Supreme Court that touches on “exceeding authorized access” under CFAA: The confusion that plagued a jury in a computer hacking trial has followed the case all the way to the U.S. Supreme Court, where hypotheticals and technical questions abounded during oral argument Monday. Michael Musacchio was convicted in…
The CFAA reaches the Supreme Court, sort of
Orin Kerr writes: Next week, the Supreme Court will hear its first case involving the controversial federal computer crime law, the Computer Fraud and Abuse Act (CFAA), found at 18 U.S.C. 1030. The case, Musacchio v. United States, has relatively little do with the CFAA. But it does end up touching on one of the most…
FTC v. LabMD ruling issued: FTC loses data security enforcement case (Update2)
In a data security enforcement action that some have characterized as a modern version of David vs. Goliath, David won today, and the FTC lost. It was an enforcement action that the FTC never should have commenced, as I’ve argued repeatedly, and today’s loss may actually make future enforcement actions more difficult for them as the standard for demonstrating…
Challenging FTC Regulation of Cyber-security After FTC v. Wyndham
Gerald J. Ferguson and of Alan L. Friel of Baker & Hostetler write: The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer examination, it was a split decision in which Wyndham Worldwide Corporation (“Wyndham”) can claim an…
Rep. Jan Schakowsky to offer rival bill on data security
Cory Bennett reports: Another lawmaker is taking a crack at a bill to set nationwide data security standards. Rep. Jan Schakowsky (D-Ill.) said in a Tuesday hearing that she was preparing a bill “that would require strong security standards for a wide array of personal data,” such as geolocation data, health records, biometric details, and…