Jason, Jacob, and Jaz have prepared four brief posts on the California Invasion of Privacy Act (CIPA), an old law now applied to new technology. With damages of $5,000 per violation or treble damages, CIPA lawsuits cannot be ignored. If
Data Law Insights
Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery
Data Law Insights, published by Crowell & Moring LLP, focuses on legal issues surrounding data privacy, cybersecurity, and technology law. The blog covers topics such as compliance with privacy statutes like the California Invasion of Privacy Act (CIPA), interpretation of privacy laws in the context of new technologies, and liability risks for companies operating websites and digital services. It also addresses regulatory developments including the EU's NIS2 Directive on cybersecurity obligations for essential and important entities, and the implications for businesses operating across jurisdictions. The blog provides analysis on managing legal risks related to data collection, consent, and information security in evolving technological landscapes.
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Mini-Series on CIPA – Part 3: Can I Eavesdrop on My Own Conversation?
Jason, Jacob, and Jaz have prepared four brief posts on the California Invasion of Privacy Act (CIPA), an old law now applied to new technology. With damages of $5,000 per violation or treble damages, CIPA lawsuits cannot be ignored. If…
Mini-Series on CIPA Part 2: What is a ‘Phone’?
Jason, Jacob, and Jaz have prepared four brief posts on the California Invasion of Privacy Act (CIPA), an old law now applied to new technology. With damages of $5,000 per violation or treble damages, CIPA lawsuits cannot be ignored. If…
Mini-Series on CIPA – Part 1: What is a ‘Communication’ Anyway?
Jason, Jacob, and Jaz have prepared four brief posts on the California Invasion of Privacy Act (CIPA), an old law now applied to new technology. With damages of $5,000 per violation or treble damages, CIPA lawsuits cannot be ignored. If…
The NIS2 Directive is on the Edge of Enforcement: What Now for EU/US Companies?
Key Takeaways
1. New cybersecurity measures and requirements are introduced by the EU for companies.
2. Contractual provisions with the supply chain may need to be revised.
3. High penalties and liability for management, including personal liability.…
Text Messages Lead to $4.47B Liability in Securities Fraud Case
By John Sohn
Text messages and other non-email, electronic communications have become increasingly important in securities fraud matters. These communications are often sent from personal mobile devices and often provide key evidence. It has become clear that the most interesting, and sometimes most…
SEC “Encourages” Public Companies to Disclose “Immaterial” Cybersecurity Incidents Under Item 8.01 of Form 8-K
The U.S. Securities and Exchange Commission (“SEC”) adopted a final rule on July 26, 2023 that requires public companies to disclose material cybersecurity incidents under new Item 1.05 of Form 8-K. Since its adoption, public companies have faced practical challenges…
“Browsing and location data are sensitive . . .. Full stop”
“Browsing and location data are sensitive . . .. Full stop,” says the Federal Trade Commission. As is all granular data that can reveal “insights” that “can be attributed to particular people” through a “re-identification” procedure. This is one basis…
DoD’s New Year Resolution: A Cybersecurity Maturity Model Certification Program (CMMC) Proposed Rule
On December 26, 2023, the Department of Defense (DoD) released the highly anticipated proposed rule for the Cybersecurity Maturity Model Certification Program (CMMC), a cybersecurity regulatory program that will likely impact most of the government contractor community. Every contractor who…
FBI Offers Pathway to Request Delay of SEC Cybersecurity Incident Disclosures
Public companies now have a pathway to request a delay in their cybersecurity incident disclosure to the U.S. Securities and Exchange Commission (“SEC”). On December 6, 2023, the Federal Bureau of Investigation (“FBI”) Cyber Division published the “Cyber Victim…