As COVID-19 has spread throughout the world and within the United States, companies of all sizes have had to make quick decisions about how to implement work-from-home procedures. While many businesses are accustomed to having some of their employees work remotely at any given time, the sudden shift to a majority of the work force being away from controlled office networks and environments presents a unique and heightened set of technical and cybersecurity challenges.

To access the full article, click here.Read More 

Posted in Data Security

A ruling by the highest court in the European Union regarding the common practice of putting a Facebook “Like” button on a website could have repercussions for American companies doing business overseas.

In late July, the Court of Justice of the European Union ruled that the owner of a website is jointly responsible, with Facebook, for any data that is shared with the social media giant by embedding a social media plugin, such as Facebook’s “Like” button. This means that websites must now get explicit permission to share information with social media sites and show they have a ... Read More 

When news of a major data breach, like the recent one at Capital One, makes headlines, the first response of many business owners may be to breathe a big sigh of relief that it wasn’t them. However, it’s critical that companies use these publicized breaches as a reminder to review their own systems and to see what lessons, if any, they can learn to improve their own data security.

In late July, Capital One announced that approximately 100 million people in the United States and approximately 6 million in Canada had been impacted when an individual gained unauthorized access to its ... Read More 

Posted in Data Security

Brooks Pierce attorney Will Quick recently spoke to Raleigh television station WRAL about the intersection of privacy law and home surveillance technology, particularly doorbell cameras, used by private citizens.

While most people use these types of cameras legitimately to help protect their property, with any new technology there is a risk of misuse, whether intentional or not. Quick explained the use of home surveillance cameras is generally covered by well-established privacy law that holds that people have a reasonable expectation of privacy in certain places.

The full ... Read More 

The contributors to Brooks Pierce’s Digital Media & Data Privacy Law comprise our firm’s digital media & data privacy practice group.

We have successfully represented broadcast and print clients in First Amendment and other media litigation in state and federal courts across the country. Our practice includes defending against libel, defamation, and privacy claims, prosecuting open meetings and public records actions, pursuing courtroom and court docket access cases and claims, resisting subpoenas directed to reporters and media organizations, and litigating ... Read More 

Posted in Data Security

On Friday, Sept. 28, 2018, California Governor Jerry Brown signed into law first-in-the-nation legislation requiring that manufacturers include “reasonable security features” on any device that is “capable of connecting to the Internet”—commonly known as an “Internet of Things” (IoT) device.  California Assembly Bill 1906 and Senate Bill 327, which contain identical text, won’t go into effect until Jan. 1, 2020, but most manufacturers of IoT devices are going to need that lead time (if not more) to ensure the devices they put out into the market are compliant ... Read More 

Zounds, right?  But that is arguably what the U.S. Court of Appeals for the Ninth Circuit said about the Computer Fraud and Abuse Act in Facebook v. Power Ventures, Inc. on July 12th.  Let’s get to it.

Facts

Power Ventures and its CEO Steven Vachani operated a social network called Power.com. The concept was simple. People using other social networking sites could create a Power account to aggregate the user’s social networking information. The users could keep track of a variety of social networking friends through a single program and click through the central Power website to ... Read More 

Posted in Data Security

When we last left David Nosal, he had escaped liability under the Computer Fraud and Abuse Act after convincing some of his former colleagues at executive search firm Korn/Ferry to use their log-in credentials to download source lists, names and contact information from a confidential database and transfer that information to Nosal.  The U.S. Court of Appeals for the Ninth Circuit held that violating Korn/Ferry’s policy against disclosing confidential information did not amount to violations of the CFAA, and overturned his convictions under that law. 

But the government ... Read More 

Posted in Data Breach

We don’t usually talk about four-year-old court decisions in the first instance here.  But the Ninth Circuit has issued a pair of noteworthy opinions interpreting the Computer Fraud and Abuse Act in the last few weeks.  And to understand those it will help to understand United States v. Nosal, 676 F.3d 854 (9th Cir. 2012), an en banc opinion authored by Judge Kozinski.

Facts

The facts are mercifully short.  David Nosal used to work for Korn/Ferry, an executive search firm.  Shortly after he left the company, he convinced some of his former colleagues who were still working for ... Read More 

Posted in Privacy

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies[1] in that period, and were soon sorry that they had their cell phones on them when those robberies happened.  Sitting en banc, the U.S. Court of Appeals for the Fourth Circuit just made them sorry last Tuesday in United States v. Graham, No. 12-4659 (4th Cir. May 31, 2016).

Because in their investigation, federal agents sought the cell-site location information (or “CSLI” as ... Read More 

Subscribe

* indicates required

Archives

Recent Posts

Topics

Jump to Page

This website uses cookies to enhance user experience and to analyze performance and traffic on our website. For more information on our cookie use, see our Privacy Policy.