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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...

Cyber Storm V Highlights Need for Greater Info-sharing and Formalized Incident Response

Results from the Department of Homeland Security’s  (“DHS”) “Cyber Storm V” national exercise revealed that challenges remain around information and cyber threat indictor sharing, and that a plan for widespread cyber response would help improve response from government and industry to cyberattacks. Though the exercise showed that challenges remain, it also revealed an increased...

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...

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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