Search Results: Litigation & Enforcement

FTC Announces Advanced Notice of Proposed Rulemaking on Privacy and Data Security

On August 11, 2022, the FTC issued an Advanced Notice of Proposed Rulemaking (ANPR) to request public comment on commercial privacy and security practices and their effects on consumers. The ANPR is a first – and tentative – step towards the development of privacy and data security regulations that would,…

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Ninth Circuit: Web Scraping Does Not Violate CFAA

In a decision that is certain to reverberate through the big data community, the U.S. Court of Appeals for the Ninth Circuit ruled that the primary legal tool that companies tried to use to limit scraping of their websites – the criminal statute Computer Fraud and Abuse Act (“CFAA”) –…

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SEC Proposes Expanded and Accelerated Cybersecurity Disclosure by Public Companies

As a significant step in its ongoing initiatives on the disclosure, management and oversight of cybersecurity risks and incidents, on March 9, 2022 the U.S. Securities and Exchange Commission (SEC) proposed new rules that would significantly increase cyber-related disclosures by public operating companies. The proposed rules would: Require disclosure in Form 10-Q…

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SEC Focus on Cybersecurity Begins To Take Shape

The U.S. Securities and Exchange Commission is implementing a campaign to overhaul the agency’s expectations around cybersecurity and cyber incident reporting for the financial services industry and corporate America generally. For example, in a recent speech, Chairman Gensler reiterated his focus on cybersecurity and underscored the SEC’s work to “improve…

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SEC Cybersecurity Rules Target Investment Advisers and Investment Companies

On February 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed a package of new rules and amendments to enhance cybersecurity preparedness and improve cyber resilience of investment advisers and investment companies against cybersecurity threats and attacks. If adopted, these rules will incorporate existing SEC staff guidance on cybersecurity policies and…

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The UK’s Newly Assertive FCA pushes Google to Check Fintech Companies’ Drive Into Europe

The UK’s Newly Assertive FCA pushes Google to Check Fintech Companies’ Drive Into Europe Subject to mounting pressure from UK lawmakers and regulators, in June 2021 Google announced a new policy that could limit the ability of US fintech companies to advertise in the UK – a key market for…

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Critical Log4j Vulnerability Wreaks Havoc Across Cyberspace

In what is likely the largest industry-wide vulnerability since the SolarWinds Orion flaw uncovered late last year, a critical software bug was recently discovered within Apache Log4j, an open-source logging utility widely used in business software development. A long list of technology companies have already reported being affected, including such…

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Thirty-Six Hour Breach Notification Rule Puts Banking Organizations on Notice

In response to the growing threat to financial stability posed by cybersecurity incidents, the Office of the Comptroller of the Currency (OCC), the U.S. Department of the Treasury, the Federal Reserve Board, and the Federal Deposit Insurance Corporation (FDIC) (collectively, the “agencies”) published a rule titled “Computer-Security Incident Notification Requirements…

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