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Category: Federal

District Court Holds That Intentionally Circumventing IP Address Block Is “Unauthorized Access” Under the CFAA

Posted on August 18, 2013 by Dissent

Orin Kerr writes: During the debate over the Aaron Swartz case, one of the legal issues was whether Swartz had committed an unauthorized access under the CFAA when he changed his IP address to circumvent IP address blocking imposed by system administrators trying to keep Swartz off the network. There was significantly more to the…

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AT&T Hacker ‘weev’ Tests Limits of U.S. Crime Law on Website Use

Posted on June 17, 2013 by Dissent

Dune Lawrence and David Voreacos report: He is a red-headed hacker who hails from Arkansas, goes by the name “weev,” and seems to delight in being annoying. For years, he broke into computer systems, disrupted blog sites and riled people with personal attacks. Now his case has become a flashpoint in the debate over where…

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FTC Fires Back In Lawsuit Against Wyndham

Posted on May 28, 2013 by Dissent

Brent Kendall reports: The Federal Trade Commission is offering a strong defense of its powers to police cybersecurity practices against a challenge by Wyndham Worldwide Corp. We wrote about Wyndham’s challenge earlier this month in a case involving attacks by hackers on the hotel chain’s computer systems between 2008 and 2010. The FTC sued Wyndham last year…

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APF responds to AU’s data breach notification draft bill

Posted on April 24, 2013 by Dissent

The Australian Privacy Foundation has responded to Australia’s draft breach notification law.  You can read their comments here.  Not surprisingly, I agree with their concerns.

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Attacks ‘highlight need for data breach notification law’

Posted on March 18, 2013 by Dissent

Paul Smith reports: The Australian Bankers Association has defended the strength of IT security processes in place across Australia’s banking system following the revelation that Reserve Bank of Australia systems had been compromised by China-based hackers. However, security experts said the incident highlighted the need for Australian data breach notification laws to be tightened to force…

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Crowd-sourcing an idea for a law

Posted on February 24, 2013 by Dissent

Thanks to partisan politics and intensive industry lobbying, we have no strong federal breach notification law. This, of course, is not news to my readers. But in light of (1) Congress’s current interest in cybersecurity and sharing of information, (2) the fact that up to 40% of breaches are first detected by members of the…

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