Eversheds Sutherland Cybersecurity and Privacy Insights Blog
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Only YOU can prevent IoT network shutdowns

As tens of billions of additional Internet of Things (IoT) devices are poised to enter the market and infuse our supply chains, on December 4, 2020, President Donald Trump signed the first ever federal law governing IoT devices. The IoT Cybersecurity Improvement Act (the Act) will result in new national rules for federal procurement of IoT devices which, along...

Once more unto the breach: The Supreme Court weighs in on a circuit split on what constitutes a hack

The United States Supreme Court hears arguments to decide the reach of the Computer Fraud and Abuse Act (CFAA). The Court is poised to decide whether to “exceed authorized access” constitutes a hack.The CFAA’s ambiguous language has created a circuit split the Supreme Court will now resolve.This decision will have far reaching implications for employers, employees, and...

Cybersecurity and Data Privacy review and update: Looking back on 2018 and planning ahead for 2019

From the implementation of the GDPR to the passage of the CCPA, the year 2018 proved to be a monumental one for cybersecurity and data privacy. Regulators from around the world responded to devastating, large-scale cyber-attacks, and a desire for their citizens to have more control over their data, by passing a wide range of regulations aimed at protecting consumer information. These...

Virtual currencies as commodities—CFTC wins battle in the fight to define cryptocurrencies as commodities but has it won the war?

A federal court in Massachusetts allowed the US Commodity Futures Trading Commission’s fraud case against virtual currency operators to continue by finding that the digital coin met the definition of “commodity” under the Commodity Exchange Act. The court rejected the defendants’ argument that the virtual currency at issue was not a “commodity” because there was no futures contract...

A week of “firsts” in cryptocurrency prosecution

On September 11, 2018, a number of “firsts” occurred in the prosecution of cryptocurrency-related activities at the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and federal district court that will likely become the norm going forward. The SEC announced its first enforcement action for an investment company registration violation...

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