AG Healey Issues Guidance to Schools and Health Care Providers on Immigration Enforcement Issues

In the wake of several executive orders on immigration, ICE—the federal agency responsible for enforcing the nation’s immigration laws—has ramped up enforcement activities. As a result, local public school districts and health care providers in Massachusetts have asked the Attorney General about their rights and obligations with respect to the undocumented students and patients they serve. On May 22, 2017, the AG issued comprehensive guidance to answer their questions.… More

How the French Fought the Election Hackers

Emmanuel Macron won France’s presidential election in a landslide. He defeated his opponent, Marine Le Pen, by more than thirty percentage points. Such a high margin might lead one to think that his victory was inevitable. But on the eve of the election, it did not seem that way.

On the Friday before the Sunday election, hackers released a trove of documents they had stolen from the Macron campaign.… More

Cybersecurity, A-Z: D is for Drones

Unmanned aerial vehicles, or “drones,” as they’re commonly called, touch on numerous hot-button cybersecurity issues.  As devices connected to networks, they are important when considering the “internet of things.”  As used by the government, they present surveillance concerns.  Over the past decade, they have been increasingly used for military operations — although civilian drones now far outnumber military drones.  (The FAA has estimated that by 2020,… More

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