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Texas Lawyer | 3 Things GCs Should Know About Data Privacy Class Actions
What type of schalarly research is hitting against anti-hacking laws?
How do they run afoul with anti-hacking laws? The researchers generate faux profiles on the websites they are researching
WallStreet Journal | First Amendment Suit Claims Anti-Hacking Law Criminalizes Scholarly…
The key tort issue in data breaches: whether the consumer has been injured
What’s the argument if hackers have your information isn’t that a harm to a consumer? Some courts say yes, other courts say no.
Where are cases proceeding where the harm of the data breach is only having your personal information hacked? Judges in California, Illinois and other states
Wallstreet Journal | For Consumers, Injury Is Hard to Prove in Data-Breach Cases
Which school district was affected by an internal hack? Abingdon-Avon School District, IL
Who is thought to have hacked the school district internally? The Head of its IT
The purported purpose? Changing grades
The state law charges? 3 felony counts of Eavesdropping
KWQC | Abingdon-Avon employee arrested in relation to data breach
Which appellate court are we talking about? 7th Circuit
What did they do to keep a data breech law suit alive? held that the threat of impending future harm from a data breach was enough to keep a data breach lawsuit alive
Lexology | Seventh Circuit Reinstates Data Breach Suit Against P.F. Chang’s
WHO WAS CONVICTED: A woman in Pennsylvania reported her rape to the police
WHAT EVIDENCE LED TO CONVICTION: When police came to the scene, they collected as evidence the woman’s fitbit found laying in a hallway
WHY DID THE EVIDENCE INDICATE GUILT: The woman claimed she had gone to sleep and was later attacked, but the data downloaded from the Fitbit indicated the woman was walking about at the time and logged her heart rate
Wall Street Journal | Prosecutors Say Fitbit Device Exposed…
No. Nien. Nyett. Nej. A federal judge ruled that people caught in the data breach at Ashley Madison cannot remain anonymous.
Why did these plaintiffs want to be anonymous? Fear of the impact to the professional and personal lives.
Why did the court deny the request? Because the data breach is not equal to instances when a person can remain anonymous. Those instances are reserved for minors, rape, or other highly sensitive matters.
WallStreet Journal | Are California’s New Data Security Standards a Recipe for Liability?
What have state courts been saying across the country about data breach insurance? General Liability policies don’t cover data breaches
What happened this week to alter this legal trend? The U.S. Fourth Circuit Court of Appeals in Virginia found that a ageneral liability policy covered a data breach
What does the insurance company say? The 4th Circuit Court of Appeals got it wrong. General liability policy that covered “electronic publication of material” with “unreasonable…
The Hill | Encryption bill draft worries tech community
CNET | Encryption bill would force companies to surrender user data