Category Archives: Federal

CHINA: first 100 days of Cybersecurity Law sees active enforcement and more guidelines, but still uncertainties

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Carolyn Bigg of DLA Piper writes: Almost 100 days have passed since the new PRC Cybersecurity Law came into force. While the enforcement environment is becoming clearer – and shows data protection and cyber security in China is a real risk to be taken seriously – most of the new guidelines published to try to […] Continue reading CHINA: first 100 days of Cybersecurity Law sees active enforcement and more guidelines, but still uncertainties→

Is The Hutchins Indictment Over Malware Unconstitutional?

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Alex Berengaut of Covington & Burling analyzes some of the legal issues raised by the indictment of Marcus Hutchins (@malwaretechblog) for allegedly creating and conspiring to sell malware known as the Kronos banking trojan. He writes, in part: Since Hutchins’ indictment, commentators have questioned whether the creation and selling of malware—without actually using the malware—violates […] Continue reading Is The Hutchins Indictment Over Malware Unconstitutional?→

UK government sets out tougher guidelines to protect smart cars from hackers

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Kylie MacLellan reports: The British government issued new guidelines on Sunday requiring manufacturers of internet-connected vehicles to put in place tougher cyber protections to ensure they are better shielded against hackers. The government said it … Continue reading UK government sets out tougher guidelines to protect smart cars from hackers→

Department of Justice Releases Guidance for Vulnerability Disclosure Programs

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Jennifer Martin, Ashden Fein and Weiss Nusraty write: Last week, the U.S. Department of Justice (“DOJ”) released a voluntary frameworkfor organizations to use in the development of a formal program to receive reports of network, software, and system vulnerabilities, and to disclose vulnerabilities identified in other organizations’ environments.  This framework provides private entities a series […] Continue reading Department of Justice Releases Guidance for Vulnerability Disclosure Programs→

Senators introduce bill to secure Internet of Things devices; provide some protection for researchers

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Zack Whittaker reports: A bipartisan group of senators have introduced legislation aimed at securing internet-connected smart devices, which were at the center of a massive cyberattack that brought down large swathes of the internet last year. The distributed denial-of-service in October lasted for less than a day, but it further fueled concerns about threats posed by […] Continue reading Senators introduce bill to secure Internet of Things devices; provide some protection for researchers→

Hong Kong’s Privacy Commissioner Welcomes the Enactment of the Apology Ordinance

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(14 July 2017) The Privacy Commissioner for Personal Data, Hong Kong (“Privacy Commissioner”) Mr Stephen Kai-yi WONG welcomed the passing of the Apology Bill by the Legislative Council yesterday (13 July). Mr Wong said, “The enactment of the Apology Ordinance will generally help to protect persons who wish to make an apology without fear of […] Continue reading Hong Kong’s Privacy Commissioner Welcomes the Enactment of the Apology Ordinance→

Judges Question FTC Data Security Standard at LabMD Argument

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Jimmy Koo reports: The Federal Trade Commission’s data security enforcement standard came under fire June 22 from a panel of federal appeals court judges ( LabMD, Inc. v. FTC , 11th Cir., No. 16-16270, oral argument 6/21/17 ). As predicted, the level of harm required for the FTC to act was “front and center” during […] Continue reading Judges Question FTC Data Security Standard at LabMD Argument→

The Computer Fraud and Abuse Act Will Need To Wait Another Day In New York’s Commercial Division

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Justice Shirley Kornreich recently issued one of the few New York state court decisions  that address the Computer Fraud and Abuse Act (“CFAA”).  Spec Simple, Inc. v. Designer Pages Online LLC,  No. 651860/2015, 2017 BL 160865 (N.Y. Sup. Ct. May 10, 2017).  The CFAA criminalizes both accessing a computer without authorization and exceeding authorized access […] Continue reading The Computer Fraud and Abuse Act Will Need To Wait Another Day In New York’s Commercial Division→

Update: Case Involving Sharing of Passwords May Be Headed to the Supreme Court

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Jeffrey M. Schlossberg of Jackson Lewis writes: Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without authorization.”  The former employee has now asked that the U.S. Supreme review the Ninth […] Continue reading Update: Case Involving Sharing of Passwords May Be Headed to the Supreme Court→