New Duties for Lawyers? The ABA Weighs In on Cybersecurity.

Recently, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 477, which aims to provide guidance and clarity to lawyers as they consider what level of security to give communications with clients.  (I was recently interviewed by Massachusetts Lawyers Weekly on this topic, and you can read the full article here; please note that the article is behind a paywall.)

The bottom line?  … More

Watch: Cybersecurity Incident and Response Webinar

Presented by Foley Hoag LLP and PwC

A data breach is a business crisis. What should you do?

Learn first-hand as Foley Hoag LLP and PwC walk you through the practical and legal aspects of responding to a data security incident. From understanding how to be prepared to thinking through best practices, this webinar is designed to help you get a handle on an emergency that every business must confront.

Speakers

Click here to download a copy of the materials.

Data Security Under Commissioner Ohlhausen: What You Need to Know

The Federal Trade Commission (FTC) has been a critically important regulator of cybersecurity practices in the US, using its authority under Section 5 of the FTC Act to bring enforcement actions against companies for failing to protect their consumers’ private data. This past January, Trump appointed Republican Maureen Ohlhausen as the Commission’s new acting chairwoman. Here’s what you need to know about her approach to data security.… More

Cybersecurity, A-Z: C is for CFAA

The Computer Fraud and Abuse Act, or CFAA, is the federal “anti-hacking” statute (or sometimes referred to as a “computer trespass” statute).  In essence, the CFAA prohibits intentional unauthorized access into another computer, when such action directly accesses certain protected information or otherwise causes damage or loss.  The CFAA provides for both criminal penalties and civil causes of action.  The scope and meaning of access “without authorization”… More

Standing hurdles continue to bedevil data breach plaintiffs

Plaintiffs presenting a claim in federal court must have standing to sue, under Article III of the Constitution (as we have written about in the past).  The Second Circuit recently entered an order reminding plaintiffs, defendants, and their attorneys just how difficult overcoming the standing hurdle can be for individuals suing in the wake of a data breach.

In Whalen v.… More

The New Cybersecurity Executive Order: What It Does and When

“Will the President sign it?” I asked in a recent post. As if in direct answer, the President issued the order the same day, May 11, 2017. The order is titled Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure, and it appears to be identical to the recently leaked draft.

The order commissions a slew of reports from federal agencies.… More

“If You Are Reading This, You Probably Weren’t Hacked Last Week” – So Now What?

First, the basic facts about the recent ransomware attack:

  • US-CERT has received multiple reports of WannaCry ransomware infections in several countries around the world.
  • Ransomware is a type of malicious software that infects a computer and restricts users’ access to it until a ransom is paid to unlock it. Individuals and organizations are discouraged from paying the ransom, as this does not guarantee access will be restored.…
  • More

Is the May 12 Massive Ransomware Attack a Turning Point?

Those “in the know” in the cybersecurity world have been aware for more than a year of the threat posed by ransomware, a type of malware that locks victims’ access to their files until they pay a ransom.  But discussion of the threat was mostly localized to cybersecurity professionals, blogs like this one, and various guidances released by federal agencies during 2016. But ransomware may just have entered the general public consciousness in a big way.… More

Another Draft Cyber Security Executive Order Emerges—Will the President Sign It?

The saga of the cyber security executive order continues; a new draft surfaced just last week. The first draft leaked in January, shortly before the President was expected to sign a cyber-security order. He abruptly postponed. Another draft leaked in February, but the President didn’t sign that one either. Perhaps this latest draft is the final one. “Rumors had it,” Paul Rosenzweig writes,… More

The Life Cycle of a Data Breach

Editor’s Note:  Martha Coakley, Christopher Hart, and Emily Nash recently published an article in Today’s General Counsel entitled, “The Life Cycle of a Data Breach.”  Here is a snippet:

A data breach can be an existential crisis for an unprepared business, and in the best case it’s likely to be expensive and disruptive. Treat data security as an integral part of the company risk profile,… More