Privacy, Data & Cyber Law

Government Shutdown Creates New Cybersecurity Risks
January 16, 2019 | Avigael C. Fyman | Privacy, Data & Cyber Law
The partial government shutdown, now the longest in U.S. history stretching into its fourth week, presents new risks to cybersecurity, both short term and long term. These effects will be felt not only within government operations, but also in the private sector, which relies upon and works with the government to protect against cyber threats. …
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Data Security and Privacy in the New Year
| Shari Claire Lewis | Privacy, Data & Cyber Law
January is the traditional time to take stock of the year that passed and plan for the year ahead. The same is true of data security and privacy practices. In 2018, cyber regulation dominated the news. The trend is likely to continue in 2019 as existing and new cyber regulations will impact an ever-expanding array …
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New Guidance Helps Determine GDPR’s Application to New York Businesses
December 18, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
The European Union’s General Data Protection Regulation (the GDPR) took effect just about a half-year ago, but many small and mid-sized companies in New York, and elsewhere across the country, still may not understand whether the GDPR applies to them and, therefore, whether they must comply with its requirements. Fortunately, it now may be somewhat …
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Del Pizzo Writes in ‘The Computer & Internet Lawyer’
December 17, 2018 | Nancy A. Del Pizzo | Privacy, Data & Cyber Law
Nancy Del Pizzo published an article in The Computer & Internet Lawyer entitled “Are Your Clients’ Web Sites Accessible?” It discusses how businesses’ online presence may leave company owners open to litigation due to a lack of accessibility by the disabled. It relates how the Americans with Disabilities Act prohibits discrimination at “places of public accommodation,” and …
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Justice Department Updates Best Practices for Cybersecurity
October 31, 2018 | Nancy A. Del Pizzo | Privacy, Data & Cyber Law
In September, the U.S. Department of Justice’s Cybersecurity Unit, Computer Crime & Intellectual Property Section updated its Best Practices for Victim Response and Reporting of Cyber Incidents. The updated guidance (which is not intended to have any regulatory effect) emphasizes the importance of planning a response before a data breach, ransomware threat or other cyber …
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Cybersquatting: Even Today, an Important Concern for Online Businesses
October 16, 2018 | Privacy, Data & Cyber Law
It has been nearly 20 years since the federal Anticybersquatting Consumer Protection Act (the ACPA) was enacted in 1999 to battle what an alarmed Congress understood to be a rising wave of “cybersquatting.” As the Senate Judiciary Committee explained, the ACPA was designed to “protect consumers and American businesses, to promote the growth of online …
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11 Tips for Responding to the Facebook Hack
October 3, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
On September 28, 2018, Facebook disclosed that it was hacked, exposing the accounts of 50 million users. Despite the staggering amount of information affected by this breach, many individuals have been dismissive of the risk. They wrongly assume that because their use of social media is limited to posts of family events and vacations, cute …
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New National Cyber Strategy Links Cyber Security to American Economic Growth
September 24, 2018 | Jay D. Kenigsberg | Shari Claire Lewis | Privacy, Data & Cyber Law
On September 21, 2018, the White House issued a new guiding directive on cybersecurity entitled: “National Cyber Strategy of the United States of America.” It is touted as the nation’s “first fully articulated cyber strategy in 15 years.” True to its title, the National Cyber Strategy substantially addresses the geopolitical status of the United States …
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Financial Firms Face Sept. 4 Cybersecurity Deadline
August 22, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
New York-based financial services firms are running headlong into a deadline impacting their cybersecurity procedures. Failure to comply with the third phase of New York’s Cybersecurity Regulation by the September 4 deadline means these companies could face stiff penalties or the revocation of their licenses to operate in New York. New York’s Cybersecurity Regulation, the …
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Consent Overcomes Internet Privacy Concerns in Data Mining Case
August 21, 2018 | Shari Claire Lewis | Privacy, Data & Cyber Law
It described the paradigm of the Internet business model. In the recent opinion Cooper v. Slice Technologies, No. 17-CV-7102 (JPO) (S.D.N.Y. June 6, 2018), by Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York, addressing data mining and Internet privacy, the court recognized “…the Faustian bargain that undergirds …
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