Yearly Archives: 2015

FTC Loses in LabMD Data Security Case: ALJ Sets High Bar for Consumer Harm

On November 13, 2015, an administrative law judge (“ALJ”) ruled against the Federal Trade Commission (“FTC”) in its high-profile data security case against LabMD. The ALJ ruled that the FTC had failed to show that LabMD’s conduct had caused harm

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Posted in Data Breach, Data Security, FTC, HIPAA, Litigation

The Elephant in the Room – Catastrophic Property Damage from a Cyber Attack

Much of what we discuss in this blog relates to the loss of information and the legal and regulatory framework that exists to address individual privacy concerns following a data breach.  However, as our colleague Dick Bennett points out in

Posted in Cyberattack, Data Breach, Data Security

Life After Death (of Safe Harbor) – EU Data Protection in the Wake of Schrems

One month after the landmark decision in Schrems vs. Data Protection Commissioner (C-365/14), the European Commission (Commission) has issued guidelines, in the form of a Communication, regarding the transfer of personal data from the EU to the U.S.  As we

Posted in Data Security, Privacy, Regulations, Standards

Pennsylvania Federal Court Finds Standing in Data Breach Class Action

The debate over standing in data breach litigation is gaining more attention lately. While many courts have hesitated to find standing prior to lost personally identifiable information (PII) actually being misused, the U.S. District Court for the Eastern District of Pennsylvania recently

Posted in Data Breach, Litigation

The End of Safe Harbor – What Does it Mean?

This past Tuesday, in the groundbreaking decision of Schrems vs. Data Protection Commissioner (C-362/14), the Court of Justice of the European Union (CJEU) invalidated the Safe Harbor provision of the EU Commission, 2000/560C/EC.  The Safe Harbor program was the easiest

Posted in Data Security, Legislation, Regulations, Standards

Insider Trading Hack was Cinematic in Scope

The U.S. Department of Justice announced indictments in Brooklyn and New Jersey last month of 32 people for fraudulently obtaining inside information and then using that knowledge to make millions in the market, in the “largest scheme of its kind

Posted in Cyberattack, Data Breach, Data Security

U.S. Appeals Court Upholds the FTC’s Authority to Police Cybersecurity Practices

In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham Worldwide Corp et al., addressed whether the FTC has

Posted in Cyberattack, Data Breach, Litigation, Regulations, Standards

Ashley Madison Reveals Even More: Hacking May Be An Inside Job

In recent years, hacking has infiltrated the retail industry. Hacking has infiltrated the healthcare industry. Hacking has infiltrated the sports industry. And now, hacking has now infiltrated the most personal (some would say immoral) activities we engage in on the Internet.  Last week,

Posted in Cyberattack, Data Breach, Data Security, Privacy

Who’s on First? And Who Stole a Base?

America’s oldest pastime has had a series of tech problems lately, ranging from the humorous to the scandalous. In a recent game, the Philadelphia Phillies could not call the bullpen for a new pitcher because the phone was off the

Posted in Cyberattack, Social Media

Pennsylvania Court Dismisses Data Breach Claims

In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social security numbers and banking account numbers. Allegedly, the stolen information

Posted in Data Breach, Data Security, Litigation, Privacy
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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