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Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law enforcement to seek a warrant from a “magistrate judge with authority in any district where activities related to a crime may have occurred” and use that warrant to...

White House Cyber Commission Issues Requests for Information

The White House’s Commission on Enhancing National Cybersecurity has announced in a Federal Register Notice that it is seeking information on a variety of cybersecurity topics. The Notice indicates that the Commission is seeking information on topics including critical infrastructure cybersecurity, cyber insurance, research and development, the cyber workforce, federal governance,...

Iranians Hackers Targeted Control of New York Dam

The 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 in a U.S. computer system that controls critical infrastructure has been linked by the FBI to a hacker...

These Shoes Weren’t Made for Walking (and They Aren’t Too Good for Standing Either): Court Dismisses Post-Breach Case Against Zappos for Lack of Standing

Last week yet another federal district court dismissed a post-data breach class action after concluding that the plaintiffs had not alleged any actual or imminent harm and, consequently, did not have standing to proceed. In re Zappos.com, Inc. Customer Data Security Breach Litig. MDL No. 2357, 12-cv-325 (D. Nev. June 1, 2015), arose out of a 2012 breach of Zappos’ servers, which...

FBI Makes Broker-dealers an Offer They Can’t Refuse: Talk to Us About Cybersecurity

Speaking last week at FINRA’s annual conference in Washington, D.C., Donald Good, Assistant Director of the FBI’s Cyber Division, discussed steps the FBI is taking to help members of the securities industry deal with cyber-threats, as well as steps the FBI hopes firms will take in response.  For example, as the Department of Justice recently suggested, Good urged members of...

Cybersecurity Is Key Priority for FSOC in 2015

Cybersecurity was a critical area of focus of the Financial Stability Oversight Council’s (“FSOC”) recently released 2015 Annual Report (the “Report”).  The Report, which provides both a consolidated view of important challenges facing the financial system and a road map of FSOC’s key priorities in the upcoming year, identified cybersecurity as a growing concern and warned that cyber...

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