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|Maison St-Patrice inc. v Cusson, 2016 QCTAT 482: Exclusion of Facebook Snooping Evidence in Québec — a minority view|
François Longpré; Borden Ladner Gervais LLP;
April 18, 2016, previously published on March 31, 2016This case deals with the admissibility of Facebook content as evidence. It arises in the context of a hearing before the Occupational Health and Safety Division of the new Québec Administrative Labour Tribunal. This tribunal results from the merger, as of January 1, 2016, of the Labour...
|FAQ: Purchasing a Cyber Liability Insurance Policy|
Richard D. Milone; Jones Day;
April 18, 2016, previously published on April 2016There is a saying making its way through the insurance marketplace that there are two types of companies—those that already have purchased a cyber liability policy, and those that will soon wish they had.
|Facebook Settles Derivative Lawsuit Challenging Outside Director Pay|
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
April 15, 2016, previously published on April 2016In settlement of a derivative lawsuit challenging compensation paid to Facebook's non-employee directors, Facebook agreed to submit its non-employee director compensation program, including specific equity grants, some historical grants, and retainer fees, to a vote of shareholders at its 2016...
|Iranians Hackers Targeted Control of New York Dam|
Sutherland Asbill Brennan LLP;
March 28, 2016, previously published on March 25, 2016The seven Iranian hackers that were indicted for conducting distributed denial of service attacks on banks also were charged with illegally accessing the supervisory control and data acquisition, or “SCADA,” system at a dam in New York State. This is reportedly the first time a breach...
|FCC Announces Broadband Privacy Proposal|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 22, 2016, previously published on March 15, 2016FCC Chairman Tom Wheeler has announced that a proposed rulemaking is being circulated among the Commissioners that would establish privacy and data security requirements applicable to providers of broadband Internet access service (BIAS). The Notice of Proposed Rulemaking (NPRM) itself will not be...
|Google’s Appeal of Worldwide Injunction to be Heard by Supreme Court of Canada|
Daniel Anthony; Smart & Biggar/Fetherstonhaugh;
March 21, 2016, previously published on March 21, 2016The Supreme Court of Canada has agreed to hear Google's appeal of a worldwide injunction forcing it to block certain infringing websites from its search results. The appeal raises issues of how to provide meaningful protection of rights over a borderless Internet, while not unduly burdening...
|California by the Numbers (Part 2): How to Stay out of the 2017 Report|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 11, 2016, previously published on February 26, 2016In addition to providing a comprehensive analysis of four years of data breaches, the report provides what is an answer to the vexing question of what her office considers to be “reasonable security.”
|Internet of Things: OPC Publishes Research Paper on Privacy and Security Risks Associated with Retail and Home Environments|
Roberto Ghignone; Borden Ladner Gervais LLP;
March 4, 2016, previously published on February 25, 2016The Office of the Privacy Commissioner of Canada (“OPC”) last week published a new research paper on the Internet of Things1. The paper focuses, in particular, on issues of privacy and security in retail and home environments.
|CFTC Intermediaries to Adopt and Implement Cybersecurity Programs by March 1, 2016|
Brian Barrett, James M. Cain, Daniel E. Frank, Daphne G. Frydman, Catherine M. Krupka; Sutherland Asbill & Brennan LLP;
March 2, 2016, previously published on February 29, 2016Commencing March 1, 2016, all commodity pool operators, commodity trading advisors, futures commission merchants, retail foreign exchange dealers, investment brokers, major swap participants and swap dealers that are National Futures Association (NFA) member firms (together the Covered Parties)...
|Must My Website Comply with the ADA?|
Larry A. Silverman; Dickie, McCamey & Chilcote, P.C.;
February 17, 2016, previously published on February 8, 2016In 1990 when Congress passed and President George H.W. Bush signed the Americans with Disabilities Act (“ADA”) into law, websites and mobile apps were the stuff of science fiction. Today, however, it is hard to find any company or non-profit that does not have a website and/or mobile...