Excellus Blue Cross Blue Shield’s big data breach and the security lessons we all need to learn

Guest Post by Debbie Fletcher There are two possible conversations that could be kicked off by the news of the major data breach at Excellus Blue Cross Blue Shield in which more than 10 million customer accounts were exposed. The first possible conversation is about internet security and what businesses and organizations of all sizes …

Happy Data Privacy Day!

What are you doing to observe it? Today is Data Privacy Day! If you have been wondering “what is Data Privacy Day?” then this is your lucky day because not only is today Data Privacy Day, but here is the answer and an explanation for why it really matters to you and your company’s future …

Dang! “Loss” of Opportunity to Decide Interesting CFAA Issue, But “Loss” Analyisis is Good Too

Plaintiff had interesting claim under the CFAA but couldn’t get there due to that pesky “loss” requirement Does an employer violate the Computer Fraud and Abuse Act by remotely wiping an employee’s personal mobile device that was connected to the employer’s server and contained its data?

The Art of Cybersecurity: How Sun Tzu Masterminded the Home Depot Data Breach

Sun Tzu taught that, when it comes to the art of cybersecurity, you must be wary of your business associates and other third parties. Why? Have you heard that Home Depot had a data breach? That hackers were able to exfiltrate 56 million payment cards and 53 million customer email addresses from its systems? Did …

Data Breach Judgment: Will Home Depot Be the One to “Get It”?

Will Home Depot be the one that’s “gonna get it”? Based upon the information we are learning, it could be. Way back in 2011 I wrote Data Breach — Who’s Gonna Get it? and it scared people. For good reason. In that piece I wrote of how one day, in the future, a company would come along that …

The SEC Will Begin Looking at Companies’ IT Security and Data Breach Response Policies

THE POINT: Recent statements from the SEC indicate that the new standard of care for companies may require policies in place for (1) prevention, detection, and response to cyber attacks and data breaches, (2) IT training focused on security, and (3) vendor access to company systems and vendor due diligence. Do you still think your …

No Senator Wyden, Whether the Computer Fraud and Abuse Act Applies to the CIA is Not a Simple Yes or No

During a Senate Select Committee on Intelligence public hearing on Wednesday, January 29, 2014, Senator Ron Wyden asked CIA Director John Brennan if the Computer Fraud and Abuse Act applied to the CIA. Director Brennan deferred answering for a week. Here is the dialogue: Senator Wyden: “Director Brennan – question with respect to policy. Does the …

What is Data Privacy Day and How are You Observing It?

If you have been wondering “what is Data Privacy Day?” then this is your lucky day because not only is today Data Privacy Day, but here is the answer and an explanation for why it really matters to you and your company’s future success. What is Data Privacy Day? Data Privacy Day is observed every …

Aaron Swartz, Edward Snowden, Target Breach, Privacy and Data Security — What Do We Really Want?

Please follow me for a moment to think big-picture about a few important privacy and data security issues. Don’t over analyze, just read this and then close your eyes and think about it for a minute or two. Think big-picture. Aaron Swartz believed information should be liberated — that is, free for everyone to access …

YES, IT IS! > Is a “Like” Protected Speech? Is It Different Than Giving “The Finger”?

To answer the question I asked in a blog post about a year ago, “yes, it is”! The First Amendment does protect a Facebook “Like” as free speech. Earlier today, the United States Fourth Circuit held that a Facebook “Like” is protected speech under the First Amendment. The case is Bland v. Roberts, No. 12-1671 …