Talking About the Global Impact of Cybersecurity, Law, and Business Risk
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 …
Continue reading “Ninth Circuit Upholds $9.5 Million Facebook Privacy Settlement”
Readers of this blog will recall that last week I delivered a to Social Media Breakfast titled Social Media Law: It Is Real and Yes, Can Really Impact Your Business. The slides from that presentation are posted HERE and we expect to have the full video of the presentation posted soon. Ok, enough about me! Today I …
Continue reading “Have You Ever Wondered What A Social Media Lawyer Does?”
You may or may not be creeped out by this new app but, it’s a good bet that if you haven’t already been creeped on, you will be. All from your own information! A new app called Girls Around Me is a creeper’s dream. The scariest part about it is that it is powered by …
Here is the best way I can frame this up: if you were the patient that had to go to the emergency room for constipation, would you want that information displayed publicly? Here is why I ask … It is Saturday morning and I am blogging on my iphone from a semi-private room in the …
Continue reading “Holy Cow – Do You Think This Is A HIPAA Privacy Violation?”
People always want to tell me a little blurb about something that has happened to them and then ask me, the lawyer, the inevitable question: “can I sue?” My answer is always the same: “of course you can sue!” You can always sue — but that doesn’t mean you will win. One key element that …
Continue reading “Data Breach and Privacy Lawsuits Must Have Real Damages to Succeed”
Small businesses, more than any other identifiable group, need someone to help guide them through assessing their data risks, securing their companies’ data, taking the necessary measures to protect against those risks, and coordinating a proper response in the event of a breach. This is the message that can be taken from a blog by …
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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 …
Continue reading “iPhone Privacy Lawsuits Dismissed: Breach of Privacy Alone Is Not Injury”
(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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“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, …
Continue reading “Guarding Against the Inside Job (Part 1 of 2)”
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: …
Continue reading “Key Points of New California Data Breach Law – A Model for Others?”
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