Category Archives: U.S. Eastern District Court of Virginia

Here’s what that Capital One court decision means for corporate cybersecurity

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When a judge ruled last month that Capital One must provide outsiders with a third-party incident response report detailing the circumstances around the bank’s massive data breach, the cybersecurity world took notice. The surprise decision, in effect, determined that Capital One would need to provide the forensic details — warts and all — about the hack to attorneys representing a group of customers suing the bank. It’s the kind of report that, if made public, could highlight technical and procedural failures that made it possible for a single suspect to allegedly collect gigabytes of data about 100 million people from a bank with $28 billion in revenue. Typically, hacked organizations are able to keep incident response reports private and avoid costly suits by shielding the details under attorney-client privilege. Not under this decision. U.S. Magistrate Judge John Anderson of the Eastern District of Virginia ruled that Capital One must provide a […]

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Judge rules Capital One must hand over Mandiant’s forensic data breach report

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A court has ruled that Capital One must allow plaintiffs to review a cybersecurity firm’s forensic report related to the bank’s 2019 data breach despite the bank’s protests that it is a protected legal document. A judge in the U.S. District Court for the Eastern District of Virginia ruled Tuesday that attorneys suing Capital One on behalf of customers could review a copy of an incident response report to prepare for a possible trial. The Virginia-based bank had sought to keep the report private on the grounds that it was protected under legal doctrine. Yet U.S. Magistrate Judge John Anderson said the report, prepared by Mandiant, was the result of a business agreement, and that the legal doctrine argument was “unpersuasive.” It’s a significant ruling which effectively affords the attorneys suing Capital One with a breakdown of which bank behaviors were successful, and which failed. It’s common for Fortune 500 […]

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Judge rules proceeds from Snowden memoir belong to U.S. government

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A federal judge ruled Tuesday that any money former National Security Agency contractor Edward Snowden makes from his memoir or paid speeches must be given to the U.S. government because he did not receive approvals before the book was published. The judge notes in his decision that Snowden’s nondisclosure agreements with the government were unambiguous and required him to submit any writings for prepublication review. The book, “Permanent Record,” went on sale Sept. 17 from Metropolitan Books. “Snowden’s publication of Permanent Record without prior submission for prepublication review breached the CIA and NSA Secrecy agreement and the attendant fiduciary duties set forth in those agreements,” Judge Liam O’Grady writes. The civil suit against Snowden is the latest effort the U.S. government has undertaken to hold Snowden to account for his unlawful disclosure of classified NSA surveillance programs in 2013. Snowden also faces assorted criminal charges, including alleged violation the Espionage Act, which were […]

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Aleksei Burkov, Russian accused of operating ‘elite’ hacking forum, pleads not guilty

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The accused Russian scammer at center of a geopolitical standoff pleaded not guilty Friday to allegations that he operated two hacking forums where members bought and sold payment data worth roughly $20 million. Aleksei Burkov appeared in the Eastern District Court of Virginia to refute charges including computer intrusion, identity theft and other fraud-related accusations. The 29-year-old St. Petersburg native arrived in the U.S. on Nov. 12 from Israel after a prolonged extradition battle in which the Russian government tried coercing Israeli officials into sending Burkov to Russia, rather than the U.S. Burkov appeared relaxed to the point of laughing at a joke Judge Thomas Ellis made about his own penchant for eating ice cream in the former Soviet Union. The defendant wore a dark green jumpsuit and had short hair. Defense attorney Gregory Stambaugh said Burkov has been in good spirits, a mood the attorney described as “amazing” under the circumstances. […]

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