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…
Category: Federal
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…
State Bank of Pakistan asks banks to submit details of Internet security breaches
The Daily Times reports: The State Bank of Pakistan (SBP) has directed the banks to report in details about all established security breaches, its analysis and its designated payment systems department, on quarterly basis to explain the impact of security breaches on institution’s business, systems, applications and customers. The directives were issued in the SBP…
CISA amendment would allow US to jail foreigners for crimes committed abroad
Sam Thielman reports: An amendment to a controversial cybersecurity bill will allow US courts to pursue and jail foreign nationals even if the crimes they commit are against other foreigners and on foreign soil. The main aim of the amendment to the Cybersecurity Information Sharing Act (Cisa), which passed a key Senate hurdle on Thursday,…