Here’s another commentary/analysis of Judge Salas’s ruling on Wyndham’s motion to dismss that is worth noting here, by the law firm of Covington & Burling: They write, in part: The FTC’s data-security authority is still in jeopardy. Although the FTC is the plaintiff in this case, it is really Wyndham that is on the offensive. If…
Category: Federal
Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security
As I expected, a slew of law firms posted their analyses and commentaries on Judge Salas’s ruling on Wyndham’s motion to dismiss the FTC’s complaint about its data security. I haven’t linked to most of them, but took note of this commentary by Lance Koonce and Christin McMeley of Davis Wright Tremaine as they take a less FTC-friendly view…
“Weev’s” conviction reversed on appeal
Wow. The U.S. Court of Appeals for the Third Circuit just reversed Andrew Auernheimer (“Weev”)’s conviction – not based on anything to do with the Computer Fraud and Abuse Act issues that defense counsel had raised, but because the court determined that the case never should have been heard in New Jersey. Ars Technica and TechDirt have…
Hey “Chicken Littles,” Wyndham Doesn’t Mean the Sky is Falling
Jeff Kosseff writes: Based on the extensive news coverage of this week’s court ruling against Wyndham Hotels and Resorts in its battle with the Federal Trade Commission (FTC), one would think that the sky is falling on efforts to resist FTC enforcement actions relating to data security. Adweek wrote that the case is “a test for…
Federal court ruling in Carnegie Strategic Design Engineers v. Cloherty applies narrow interpretation of CFAA
Robert R. Baron, Jr., David S. Fryman, Corinne Militello, and Philip N. Yannella of Ballard Spahr write: A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed with permission….
Fandango, Credit Karma Settle FTC Charges that They Deceived Consumers By Failing to Securely Transmit Sensitive Personal Information
Two companies have agreed to settle Federal Trade Commission charges that they misrepresented the security of their mobile apps and failed to secure the transmission of millions of consumers’ sensitive personal information from their mobile apps. The FTC alleged that, despite their security promises, Fandango and Credit Karma failed to take reasonable steps to secure…