Eversheds Sutherland Cybersecurity and Privacy Insights Blog
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Once more out of the breach: SCOTUS resolves the CFAA circuit split

The United States Supreme Court took a narrow view of what the Computer Fraud and Abuse Act (the federal anti-hacking act) prohibits. SCOTUS ruled last week that the CFAA’s “exceed authorized access” language does not reach those who have authorized access but who use their access for prohibited purposes.The ruling will likely be celebrated by cybersecurity practitioners but may prompt...

US House AI Task Force is the latest authority to address algorithms and racism

On May 7, 2021, the US House of Representative’s Task Force on Artificial Intelligence (AI) held a hearing on “Equitable Algorithms: How Human-Centered AI can Address Systemic Racism and Racial Justice in Housing and Financial Services.” 1 It was the latest among several federal, state and international governmental initiatives calling for fair, transparent and accountable AI in the...

Vaccinations in the Workplace: The Privacy Conundrum

COVID-19 vaccines are now widely available, signaling an eventual return to work. That is certainly welcome news for employees and employers alike, but employers are finding themselves in an unprecedented quandary—whether they can condition workforce re-entry on proof of employee vaccinations. The Equal Employment Opportunity Commission (EEOC) and state legislatures have generally...

Getting back when HACT: Congress’s idea to provide redress to recent cyberattacks

Amidst the ever-worsening onslaught of cyberattacks, companies are longing to go on the offensive, whether by “hacking-back” or by going after malicious actors in US courts. While Congress has previously refused to enable the former, it now appears more open to the latter, particularly with the introduction of the Homeland and Cyber Threat Act (the HACT Act): The HACT Act, if passed,...

Virginia is for lovers (of privacy)—The Consumer Data Protection Act passes into law

On March 2, 2021, Governor Northam signed the Virginia Consumer Data Protection Act (CDPA), making it the country’s second, enhanced state privacy law. It will likely not be the last. Set to take effect on January 1, 2023, the CDPA requires businesses to make significant enhancements to their privacy policies and to provide covered consumers with substantial...

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