You can now listen to the podcast for Courts Showing Greater Respect for Data Privacy – United States v. Cotterman. Click HERE! For a recap, here is my discussion of this podcast and who participated: I finished a fantastic Skype discussion of the Cotterman opinion with with Rafal Los (@Wh1t3Rabbit) and Mike Schearer (@theprez98). As you may recall from The Law and…
Tag: Data Privacy
Courts Showing Greater Respect for Data Privacy – United States v. Cotterman
TAKEAWAY: Data privacy is gaining respect within the judiciary, as it should because in many ways, data is the new currency and is worthy of protection. On March 8, 2013 the Ninth Circuit Court of Appeals (en banc) handed down a watershed case with significant privacy implications: United States v. Cotterman, No. 09-10139 (9th Cir. Mar. 8,…
The Law and the Hacker – Podcast on the Computer Fraud and Abuse Act
Not too long ago I had a nice visit with Rafal Los (@Wh1t3Rabbit) who is otherwise known as the Chief Security Evangelist for HP and blogs at Following the Wh1t3Rabbit – Practical Enterprise Security. Raf is one dude you really need to follow if you’re interested in #infosec. Anyway, our discussion was centered around the Computer Fraud and Abuse…
Responsiveness and Responsibility Are Considered in Assessing Data Breach Fines
About a year and a half ago I wrote a post titled Data Breach – Who’s Gonna Get it? where I made the point that, much like with Ford’s “bean counting” with the Pinto deaths back in the ’70s, companies that were aware of the risk of data breach but did not act responsibly were…
What do the penalties look like for a HIPAA violation?
Here you go — they are rising and here is where they currently stand. As you can see, data breach is serious business and serious for your business. VIOLATION TYPE EACH VIOLATION REPEAT VIOLATIONS/YR Did Not Know $100 – $50,000 $1,500,000 Reasonable Cause $1,000 – $50,000 $1,500,000 Willful Neglect – Corrected $10,000 – $50,000 $1,500,000…
Have you ever tried to physically destroy a hard drive?
I have. It is not easy. You would not believe how hard it was to do just this much damage to them.
This Is Why Your Business Needs Cyber Insurance Coverage
Unless your business is selling home-grown vegetables out of a truck on the side of the road, you need to seriously consider getting insurance that covers cyber risks. Why? Because most insurance companies will not willingly cover cyber-related losses under their conventional insurance policies. Trust me, I have fought this battle before! A recent case…
Is Your Mobile Device Secure? Find Out With the FCC’s New Tool
Data security is a hot issue right now. Given the increasing popularity and prevalence of mobile devices combined with their ability to easily store and access so much of our sensitive data, mobile device security is even hotter. The Federal Communications Commission (FCC) also recognizes the importance of this issue and now offers a free tool…
Texas’ Amended Data Breach Notification Law
Texas amended its existing data breach notification law which became effective on September 1, 2012. The relevant section of the law is titled “Notification Required Following Breach of Security of Computerized Data” and is found at Section 521.053 of the Texas Business and Commerce Code. The main body of the law provides as follows: (b) A…
Ninth Circuit Upholds $9.5 Million Facebook Privacy Settlement
The United States Court of Appeals for the Ninth Circuit upheld the $9.5 million settlement of a class action lawsuit. The lawsuit that included, among other things, claims for violating the Computer Fraud and Abuse Act, was based on assertions by Facebook users that, through its Beacon Program, Facebook violated their privacy by sharing on…
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