There are two important takeaways from the opinion dismissing the consolidated In re iPhone Application Litigation on September 20, 2011: (1) breach of privacy alone is not treated as a “injury in fact”; and (2) breach of privacy in data does not constitute the necessary economic “loss” required for a civil claim under the Computer…
Tag: Data Privacy
Guarding Against Idiocy (2 of 2)
(Part 2 of 2) A few days ago I posted Guarding Against the Inside Job which was the first half of this thought — today’s post is part 2 — the fun one: Idiocy! Many of you already know that this name resembles that of one of my favorite movies. Need a hint? Idiocy Yep, Idiocy…
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Guarding Against the Inside Job (Part 1 of 2)
“You are only as strong as your weakest link” It is becoming clear that the weakest link in most companies’ information security defenses is the people who work inside the company. The company must identify the most likely risks those people face, train them to minimize those risks, develop policies to protect against those risks,…
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Key Points of New California Data Breach Law – A Model for Others?
California’s prior data breach law was the first in the nation and turned out to be a model that other states used for their own data breach laws. Whether the new law will have that same effect remains to be seen but, just in case, here is the 30,000 feet view of what it does:…
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Minimizing the risk of employee data breach and privacy mischief in the cloud
Employees can get into quite a bit of mischief when they have access to the company’s data — especially disgruntled employees, as we saw in yesterday’s blog Computer Fraud and Abuse Act – great tool for taming an employee that’s gone off the deep end!. The mischief they can get into is increased exponentially with the ease…
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Computer Fraud and Abuse Act – great tool for taming an employee that’s gone off the deep end!
Today I read a case that has a fascinatingly spiteful set of facts and provides a great example of how an employer can use the Computer Fraud in Abuse Act to get an injunction and put a stop to the mischief caused by an employee that is gone off the deep end. I have read…
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The legal influence of today’s CIO
In today’s companies the sphere of influence of CIOs is dramatically increasing vis-a-vis other C-Suite executives. This point was nicely made in a blog I read earlier this morning entitled CIO’s Seven Points of Key Influences that was written by Pearl Zhu. I believe that influence is even broader and also includes influence over legal…
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comScore Lawsuit and that Pesky Loss Requirement of the Computer Fraud and Abuse Act
A jurisdictional threshold to bringing a civil Computer Fraud and Abuse Act claim is that the plaintiffs satisfy the $5,000 loss requirement–generally only costs constitute a loss–not economic damages or violated privacy rights. If you were at the Continuing Legal Education seminar I presented this past Monday, you’ve already heard this, right? You also heard…
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Presenting a CLE to the Dallas Bar Association on the Computer Fraud and Abuse Act
Title: “The Computer Fraud and Abuse Act: A Lunch Sampler With Something For Everyone” Presenter: Shawn E. Tuma When: 12:00 Noon on Monday, August 22, 2011 Where: The Belo Mansion (Dallas Bar Association) More information? CLE Events: Computer, Securities | Dallas Bar Association The purpose of this presentation is to provide an overview of the Computer Fraud…
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Discussion of Problems with Proposed Cybercrime Legislation
There are many proposals floating around Capitol Hill that will purport to beef up our nation’s current cybercrime laws, first and foremost the Computer Fraud and Abuse Act. I have recently read two very good articles that do a nice job of explaining many of the inadequacies of the proposed legislation and is well worth…
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