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|Illinois Joins the Fray: Strengthens its Laws Around Data Breach Notification and Data Security|
Michael Katz, Cynthia J. Larose, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 22, 2016, previously published on June 14, 2016Sophisticated phishing scams and muscular hacking efforts continue to compromise personal and sensitive information held by insurers, hospital systems, and businesses large and small. In response, many states have strengthened their data breach notification and have enacted data security laws to...
|No Safe Harbor: Tennessee Eliminates Encryption Safe Harbor|
David Axelman; McDonald Hopkins LLC;
June 20, 2016, previously published on June 14, 2016In a move that should alarm any company conducting business in Tennessee, the Tennessee legislature recently amended its data security statute and apparently eliminated the encryption safe harbor. The safe harbor, which exists in nearly every state in some form, rendered the security breach...
|Ransomware: Electronic Extortion for a Digital Era |
Jonathan T. Skrmetti; Butler Snow LLP;
June 20, 2016, previously published on May 31, 2016Last month, the FBI asked the American Bar Association to share a cyberalert with its members warning of an increased risk of ransomware. Ransomware poses significant legal and operational risks to businesses. Personnel at all levels need to be aware of the danger, and lawyers need to be prepared...
|NIST Releases Draft Guidance on Cybersecurity Event Recovery|
Sutherland Asbill Brennan LLP;
June 20, 2016, previously published on June 16, 2016The National Institute of Standards and Technology (“NIST”) released draft guidance that outlines practices for responding to and recovering from cyberattacks. The goal of this publication, according to NIST, is to offer “tactical and strategic guidance regarding the planning,...
|DHS Issues Final Information Sharing Guidelines|
Sutherland Asbill Brennan LLP;
June 20, 2016, previously published on June 16, 2016The Department of Homeland Security has issued final guidance on the implementation of the Cybersecurity Information Sharing Act of 2015. The final guidance documents include: Guidance to Assist Non-Federal Entities to Share Cyber Threat Indicators and Defensive Measures with Federal Entities under...
|5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way|
Jason C. Gavejian, Joseph J. Lazzarotti, Damon W. Silver; Jackson Lewis P.C.;
June 20, 2016, previously published on June 9, 2016While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms.
|PCI DSS 3.2: It’s Here, What Does It Mean for You?|
Cynthia J. Larose, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 19, 2016, previously published on May 9, 2016The Payment Card Industry Security Standards Council (PCI SSC) has released a new version of its data security standard for the protection of cardholder data, the Payment Card Industry Data Security Standard (PCI DSS). PCI DSS applies to all entities involved in payment card processing, including...
|Delta Wins CalOPPA Case - But Your Mobile App May Not Fly|
Cynthia J. Larose, Natalle Prescott; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 19, 2016, previously published on June 1, 2016In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal tossed the California Attorney General’s CalOPPA...
|FCC Broadband Privacy and Security Proposed Rulemaking Underway|
Radhika U. Bhat, Cynthia J. Larose, Ari Z. Moskowitz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 17, 2016, previously published on April 13, 2016As we reported last month, the FCC was preparing a proposed rulemaking (NPRM) to establish privacy and data security requirements for broadband internet access service (BIAS) providers. The FCC has now released that proposal with comments and reply comments due May 27th and June 27th respectively.
|CISA Guidelines (Part 3): Guidance to Assist Non-Federal Entities|
Christopher J. Harvie, Ari Z. Moskowitz; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on March 18, 2016As we wrote previously, the federal government released several guidance documents last month implementing The Cybersecurity Information Sharing Act (CISA). Among these was the Guidance to Assist Non-Federal Entities to Share Cyber Threat Indicators and Defensive Measures with Federal Entities...