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Emerging Issues in Privacy and Cybersecurity Law

U.S. Cyber Intelligence Warning Highlights Security Threat From Nation-Sponsored Advanced Persistent Threats (APTs) – Part 3

July 13, 2020

This article is the last in our series on the threat APTs pose (you can find part 1 here and part 2 here) and focuses on the practical steps organizations can take to guard against APT attacks. Given the sophisticated, patient nature of APTs and the varied methods they use to compromise their targets, no single solution can prevent APT attacks. However, companies that take a comprehensive approach to their security posture and maintain…

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The Big TCPA Case That Wasn’t

By Rosa M. Tumialán

July 10, 2020

On July 6, the United States Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc.. The Court considered whether a 2015 amendment to the Telephone Consumer Protection Act (“TCPA”) that created an exemption for debt collection calls relating to debts owed to, or guaranteed by, the federal government ran afoul the First Amendment. The American Association of Political Consultants, Inc. (“AAPC”) wished to make political calls to cell phones, just…

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What’s Our Name Again? – Cyber Imposters Pose A Business Threat

By Jonathan S. Feld, Kevin Connor & Dante A. Stella

June 30, 2020

The perils of personal identity theft are well-known, but criminals target more than individuals and their credit card numbers. In recent years, businesses have become a popular target for identity thieves aiming to exploit brand recognition and customer expectations in the pursuit of illicit gains. Corporate identity theft’s effect on businesses can range from brand dilution to the exposure of sensitive company information. Hackers and data thieves have employed a number of identity-theft techniques that…

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U.S. Cyber Intelligence Warning Highlights Security Threat From Nation-Sponsored Advanced Persistent Threats (APTs) – Part 2

By Matthew J. Loffredo

June 26, 2020

Our first segment on APTs focused on the nature of the APT threat and the industries and data most at risk of these attacks. This section provides an in-depth overview of APT attack patterns and specific examples of APT attacks. Generally speaking, APT attack patterns overlap with popular cybersecurity attack pattern frameworks, such MITRE’s “PRE-ATT&CK and ATT&CK” and Lockheed Martin’s “Cyber Kill Chain” framework These frameworks break down network attacks into a series of stages…

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U.S. Cyber Intelligence Warning Highlights Security Threat From Nation-Sponsored Advanced Persistent Threats (APTs) – Part 1

By Matthew J. Loffredo

June 18, 2020

The U.S. Departments of State, Treasury, and Homeland Security, and the Federal Bureau of Investigation recently released a joint advisory (the “Advisory”) outlining a number of cyber theft, ransomware, and money laundering operations originating from organized hacking groups sponsored by the North Korean government. According to the Advisory, these state-sponsored hacking groups have attempted to steal as much as $2 billion through cyber-enabled thefts on financial institutions as of late 2019, and are known to…

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Federal Privacy Legislation: Where Are We and Where Are We Going?

By Richard R. Halm

June 16, 2020

The Genesis of Three Competing Federal Bills In 2018, there were numerous congressional and industry proposals aimed at addressing privacy on the federal level. Although none ever crystalized as federal law, the sheer number of lawmakers introducing proposals and getting involved in the debate made clear that privacy would be a focus in 2019. As 2019 began, there was hope that the various state privacy statutes being enacted and debated were putting even more pressure…

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District of Columbia Amended Privacy Law Creates New Requirements

By Sean C. Griffin & Sarah S. Hazimi

June 5, 2020

On March 26, 2020, the District of Colombia enacted Act 23-268, known as the “Security Breach Protection Amendment Act of 2020.” Acting as an amendment of Section 28 of Chapter 38 of the District of Columbia Code, the Act: (1) expands the definition of “personal information,” (2) amends breach notification requirements, (3) adds new security requirements; and (4) expands the Act’s enforcement. 1. Definition of “Personal Information” Under the Act, “personal information” now includes an…

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Government Data Leaks May Have Broad Data Privacy Implications

By Sean C. Griffin

June 3, 2020

On the list of concerns recently expressed about police conduct, data privacy ranks relatively low. However, a recent privacy leak by the New York Police Department’s union has shown how data privacy concerns can arise in any situation. On May 30, the NYPD union tweeted a picture of a computer screen showing recent NYPD arrests relating to the recent civil disturbances following the widely publicized deaths of George Floyd, Breonna Taylor, and others. New York…

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The Crisis Beyond the Crisis: How Data Tracking for COVID-19 Creates Privacy Issues That Will Persist Once the Pandemic Is Over

By Kevin Connor

May 14, 2020

Among countless other disruptions, COVID-19 has raised important questions about the limits of data collection and highlighted the shortcomings of both the European Union’s General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”). The pandemic has proven to be a black swan for which neither law nor its enforcement bodies are prepared—and which carries privacy-law implications that will persist long after the health crisis ends. Consequently, governments and businesses must work without…

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BIPA Case Addressing Article III Standing Foreshadows Potential SCOTUS Review of Spokeo

By Rosa M. Tumialán

May 8, 2020

In a case of first impression, the Seventh Circuit just answered a much-anticipated question about standing in cases filed under the Illinois Biometric Information Privacy Act (“BIPA”). Bryant v. Compass Grp. USA, Inc. decided whether a BIPA plaintiff has Article III standing. The answer is both yes and no. This dual answer is not surprising given the awkwardness of the arguments presented. Though the holding is a victory for the defense bar, Bryant is the…

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Emerging Issues in Privacy and Cybersecurity Law

Blog Authors

U.S. Cyber Intelligence Warning Highlights Security Threat From Nation-Sponsored Advanced Persistent Threats (APTs) – Part 3

The Big TCPA Case That Wasn’t

What’s Our Name Again? – Cyber Imposters Pose A Business Threat

U.S. Cyber Intelligence Warning Highlights Security Threat From Nation-Sponsored Advanced Persistent Threats (APTs) – Part 2

U.S. Cyber Intelligence Warning Highlights Security Threat From Nation-Sponsored Advanced Persistent Threats (APTs) – Part 1

Federal Privacy Legislation: Where Are We and Where Are We Going?

District of Columbia Amended Privacy Law Creates New Requirements

Government Data Leaks May Have Broad Data Privacy Implications

The Crisis Beyond the Crisis: How Data Tracking for COVID-19 Creates Privacy Issues That Will Persist Once the Pandemic Is Over

BIPA Case Addressing Article III Standing Foreshadows Potential SCOTUS Review of Spokeo

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