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Category: Federal

National Association of Attorneys General: Federal Data Breach Legislation Should Not Preempt States

Posted on July 7, 2015 by Dissent

The National Association of Attorneys General (NAAG) sent a letter today to congressional leaders urging them to ensure that federal data breach legislation preserves states’ ability to enforce state laws in order to protect consumers from data breaches and identity theft. Most of the federal bills related to data security and data breach notification pending…

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ALERT: NIST Issues Final Guidance on Federal Contractor Cybersecurity Standards for Controlled Unclassified Information

Posted on June 25, 2015 by Dissent

Alexander Major of Sheppard Mullin writes: On June 19, 2015, the National Institute of Standards and Technology (NIST) published the final version of guidance for federal agencies to ensure sensitive information remains confidential when stored outside of federal systems.  The guidelines, Special Publication 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, apply to…

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Lawyers and ethical hackers weigh in on Astros hack

Posted on June 20, 2015 by Dissent

Robert Patrick interviews a  number of attorneys and white-hat hackers about whether the government is likely to pursue charges under the Computer Fraud and Abuse Act in this piece in the St. Louis Post-Dispatch.  

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House OGR questions FTC’s Ramirez about standards for data security

Posted on May 19, 2015 by Dissent

In a hearing yesterday, Rep. Darrell Issa of the House Committee on Oversight and Government Reform questioned FTC Chairwoman Edith Ramirez about standards for data security enforcement. And although I often disagree with Rep. Issa, I do agree that entities need to know what they need to do to have safe harbor from an FTC enforcement…

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Warner, Johnson, Ayotte introduce Senate bill to require IRS to notify victims of identity theft

Posted on May 13, 2015 by Dissent

U.S. Sens. Mark Warner (D-VA), Ron Johnson (R-WI) and Kelly Ayotte (R-NH) introduced a bill Wednesday to require the Internal Revenue Service to notify potential victims of identity theft, something the agency has not always done in the past. The Social Security Identity Defense Act of 2015 would require the IRS to notify an individual…

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The CFAA meets the “cannibal cop” in the Second Circuit — and maybe beyond

Posted on May 13, 2015 by Dissent

Orin Kerr writes: The Second Circuit held oral argument Tuesday in United States v. Valle, widely known as the “Cannibal Cop” case. There was a ton of media attention about this case at trial, including the trial judge’s decision to overturn the jury verdict for conspiracy to commit kidnapping on the ground that it was all a fantasy. HBO has already…

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