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Category: Federal

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

Posted on April 14, 2014 by Dissent

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…

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“Weev’s” conviction reversed on appeal

Posted on April 11, 2014 by Dissent

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…

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Hey “Chicken Littles,” Wyndham Doesn’t Mean the Sky is Falling

Posted on April 10, 2014 by Dissent

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…

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Federal court ruling in Carnegie Strategic Design Engineers v. Cloherty applies narrow interpretation of CFAA

Posted on April 5, 2014 by Dissent

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….

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Fandango, Credit Karma Settle FTC Charges that They Deceived Consumers By Failing to Securely Transmit Sensitive Personal Information

Posted on March 28, 2014 by Dissent

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…

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Judge Refuses to Dismiss Confession, Evidence in Reuters Employee Hacking Case

Posted on March 25, 2014 by Dissent

Kim Zetter reports: A federal judge has refused to dismiss a recorded confession and computer evidence collected in the case of a former Reuters employee accused of conspiring with members of Anonymous to hack his former employer. Matthew Keys, 26, sought to throw out his confession on the grounds that he was on an antidepressant…

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