Monthly Archives: January 2018

In the European Union (“EU”), “everyone has the right to the protection of personal data concerning him or her” under the Charter of Fundamental Rights. Intellectual property is also protected as a fundamental right under the Charter, as is freedom of speech. These rights can sometimes conflict. In two previous posts on cases about linking to Playboy pictures and the inspiration for Jeff Koons’ sculptures,… More

Reproduced with permission from Bloomberg Law: Privacy & Data Security, (Jan. 18, 2018). Copyright 2018 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

By James Swann

The federal government has identified two new cyberthreats that put patients’ personal data at risk for exposure.

The threats, known as Spectre and Meltdown, exploit a vulnerability in many commercial computer chips underpinning health-care computer networks,… More

Partners Colin Zick and Catherine Muyl will join MassTLC’s CISO and CTO Peer Group Meeting on Tuesday, February 6 to discuss the General Data Protection Regulation.

The fast approaching deadline to comply with GDPR is only months away. There are checklists and guidelines to help companies meet these new regulations, but realistically what must companies prioritize, how do you create these new protocols in your company,… More

On January 17, 2018, the Massachusetts Securities Division Enforcement Section filed a complaint against the company Caviar and its founder Kirill Bensonoff for violations of the Massachusetts Uniform Securities Act in connection with an ongoing initial coin offering (ICO).

This is Secretary of the Commonwealth William F. Galvin’s first enforcement action related to an ICO. Last month, Secretary Galvin announced that the Massachusetts Securities Division would conduct a sweep of Massachusetts entities engaged in ICOs.… More

Those of our readers who frequent social media may have noticed a newly-popular juxtaposition between selfies and art (or perhaps one should say between selfies and other forms of art)—a feature in the Google Arts & Culture app that matches a user’s selfie to a portrait in Google’s database.

But not every aspiring selfie artist can compare their work with that of the great painters of yesteryear. … More

The FTC’s COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information collected from children. The COPPA Guidance requires that a company use “reasonable procedures” to protect such information from unauthorized access or use, but does not explain what “reasonable procedures” means. This is,… More

Recent federal legislation indicates a growing federal interest in blockchain as a potentially integral technology in cybersecurity systems. This comes on the heels of recent legislation in the New York Assembly also suggesting state level interest in blockchain.

On December 12th, H.R. 2810, the “National Defense Authorization Act for Fiscal Year 2018,” was signed into law. This law was, first and foremost,… More

As part of our Year in Preview series, we’ve recently covered both international cyberwar and the rise of cryptocurrency.  Just before the holidays, both of these topics collided in a decidedly unpleasant manner.

On December 19, the South Korean cryptocurrency exchange Youbit filed for bankruptcy, disclosing that it had just suffered a hack that made off with about one fifth of the bitcoins stored on its platform. … More

Recent legislation in the New York State Assembly reflects a growing governmental interest in blockchain as a  technology in cybersecurity systems.  On November 27, four different bills addressing blockchain technologies were introduced into the New York State Assembly. Most significant among these is Assembly Bill 8793, which would establish a task force to study and report on the potential implementation of blockchain technology in state record keeping,… More