Here we go again. A prominent company suffers a data breach. The company publicly alerts its customers. The company almost immediately finds itself the subject of inquiries from Congress and the target of investigations by regulators. Before long, class action
Cyberblog
Cyberblog, published by Steptoe LLP, focuses on legal developments and regulatory updates in cybersecurity and data protection within the European Union and beyond. The blog covers topics such as EU cybersecurity directives and regulations, including the NIS2 Directive, Cybersecurity Act, and Cyber Resilience Act, as well as enforcement trends and procedural rules under the General Data Protection Regulation (GDPR). It also addresses landmark court judgments affecting online operators, privacy law developments in the United States, and the evolving landscape of cross-border data protection enforcement. The blog provides insights into compliance obligations, certification schemes, and the interplay between cybersecurity, privacy, and competition law.
Latest from Cyberblog - Page 5
European Court of Justice Google Decision: Broader Implications
By Maury Shenk
Since the European Court of Justice (ECJ) startled the Internet sector and world at large last week by its finding in the Google v. AEPD case that there is a “right to be forgotten” under the EU Data Protection Directive,…
Is Snowden a Spy?
That’s the possibility raised by Edward Jay Epstein in a (paywalled) Wall Street Journal op-ed. Epstein offers some new evidence for his theory. In particular he says that NSA investigators now know that Snowden’s tactics included breaking into two…
Smith v. Maryland: A good first-order estimate of changing expectations of privacy
Yesterday, I promised a post that would make the positive case for the third-party doctrine and Smith v. Maryland.
The case against it seems pretty obvious. Privacy advocates are glad to tell us that the pace of technological change…
Drawing a line on the third-party doctrine
The third-party doctrine of Smith v. Maryland, 442 U.S. 735 (1979), is getting a bad rap from libertarians of the left and the right. Smith holds that the police don’t need a search warrant to get information about me from…
Public Safety, Privacy, and Particularity: A New Approach to Search Warrants for Digital Evidence
In the wake of recent coverage of the “Magistrates Revolt,” BNA has published an article in which my colleague Will Drake and I argue that judges can exercise appropriate oversight of search warrants for digital evidence without imposing search protocols…
Video Interview: Discussing the IRS’s Rule on Bitcoin with LXBN TV
LXBN TV interviewed me about the recently announced IRS rules on Bitcoin and the future of the virtual currency. The interview can be found here:
Retain Locally, Comply Globally
By Maury Shenk
We used to talk about the “borderless” environment of the Internet. These days, that view is looking increasingly outmoded and utopian, in large part because of the intersection of law enforcement and privacy concerns. Steady increases in regulation (and enforcement…
European Court Invalidates Data Retention Directive, Time to Rethink
Depending on the new Commission’s level of ambition when it takes office in the Autumn, this week’s European Court of Justice preliminary ruling (Cases C-293/12 and C-594/12), which found a 2006 Directive invalid, could prove an opportunity to re-think the…
Is the New IRS Rule Good or Bad for Bitcoin?
Last week the IRS announced that Bitcoin would be treated as property, rather than currency, for tax purposes. That means the virtual currency will be subject to very real capital gains taxes when used to make purchases. So is this…