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Category: Federal

Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

Posted on September 18, 2015 by Dissent

Avery Dial and Rory Eric Jurman of Fowler White Burnett, P.A., write: As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance.  The risk of fire was seen as a threat to society as a whole and mechanisms to mitigate that risk…

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Wyndham Case May Mean Uncertainty for New Payment Providers

Posted on September 18, 2015 by Dissent

Kery Murakami reports: Wyndham Hotels & Resorts LLC’s appeal of a Federal Trade Commission (FTC) complaint against the hotel chain for alleged lax data protection practices is being watched closely by banking officials who say it could lead to uncertainty over cybersecurity regulations for emerging technologies such as mobile wallets and digital payments. The case…

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What You Need to Know About Germany’s Cybersecurity Law

Posted on September 14, 2015 by Dissent

 Monika Kuschewsky writes: Whilst the discussions on the proposed Network and Information Security (NIS) Directive at European level are still ongoing (see Update on the Cybersecurity Directive − over to Luxembourg?, InsidePrivacy, June 12, 2015), less has been said about Germany new national Act to Increase the Security of Information Technology Systems (the “IT Security Law”).  The IT…

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Hatch, Wyden Announce Markup of Bipartisan Bill to Prevent Identity Theft and Tax Refund Fraud

Posted on September 13, 2015 by Dissent

Senate Finance Committee Chairman Orrin Hatch (R-Utah) and Ranking Member Ron Wyden (D-Ore.) announced the Committee will mark up an original bipartisan bill to curb identity theft and tax refund fraud on Wednesday, September 16, in Room 215 of the Dirksen Senate Office Building at 10:00 a.m. “Protecting the private information of taxpayers at the Internal Revenue Service should be of highest…

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Why does the FTC keep ignoring my inquiry?

Posted on September 12, 2015 by Dissent

On July 31, after reading a news story about a breach involving a school district, I emailed the FTC to ask for clarification on FACTA: I have searched and searched but cannot find a definitive answer to the following: Are k-12 public school districts covered by FACTA? Assume for purposes of my question that there…

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Article: The Good Hacker: A Look at the Role of Hacktivism in Democracy

Posted on September 8, 2015 by Dissent

Ben Monarch, a University of Kentucky College of Law student, has an article that he has uploaded to SSRN that calls for amendments to the Computer Fraud and Abuse Act (CFAA) to recognize hacktivism as a defense.  Monarch argues that the U.S. “application of the CFAA and (attempted) simultaneous adherence to Article 19 of the International Covenant on…

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