Cybersecurity / Data Security

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The National Institute of Standards and Technology (NIST) has recently provided a glimpse into their revised Risk Management Framework (RMF).  NIST issued a Final Draft of Special Publication (SP) 800-37, Revision 2, Risk Management Framework for Information Systems and Organizations–A System Life Cycle Approach for Security and Privacy.  The focus of the revised…

The Navy has recently issued a policy memorandum entitled “Implementation of Enhanced Security Controls on Select Defense Industrial Base Partner Networks” that calls for heightened cybersecurity requirements and oversight for “critical” government contractors handling their sensitive government data, broadly referred to as controlled unclassified information (“CUI”) or “covered defense information” (CDI) within the defense sector. …

Responding to the rise of interconnected technology, the National Institute for Standards and Technology (NIST) has recently issued an introductory document in a planned series of cybersecurity publications addressing Internet of Things (IoT) privacy risks.  Open for comment through October 24, 2018, the Draft NISTIR 8228, Considerations for Managing Internet of Things (IoT) Cybersecurity and…

The federal government has kept busy this summer by issuing multiple regulations impacting government contractors’ cybersecurity.  First, the Department of Defense released the 2019 National Defense Authorization Act (NDAA), which included notable cybersecurity provisions involving foreign ownership and Controlled Unclassified Information (CUI), among others.  Second, Congress passed the NIST Small Business Cybersecurity Act requiring the…

After over a decade, the first action has been filed that may test the bounds of the Support Anti-Terrorism by Fostering Effective Technologies Act (“SAFETY Act”) of 2002. MGM Resorts International recently filed suit related to the October 2017 Mandalay Bay country music concert shooting, asking a federal court to rule that it cannot be…

The National Institute of Standards and Technology (“NIST”) is hosting a cybersecurity workshop on the Defense Federal Acquisition Regulation System (“DFARS”) Safeguarding Clause and related regulations on Thursday, October 18, 2018.  The workshop, in coordination with the Department of Defense (“DoD”) and the National Archives and Records Administration (“NARA”), will provide an overview of Controlled…

The Colorado legislature recently passed a new data privacy law, House Bill 18-1128, which heightens requirements for corporate and public entities handling personal information of Colorado residents.  Effective September 1, 2018, the law aims to strengthen consumer data privacy by 1) shortening the time frame required to notify affected Colorado residents and the Attorney…

Attorney General Jeff Sessions and EU Justice Commissioner Věra Jourová have met twice over the last two weeks, signaling momentum towards a new EU-U.S. solution for the sharing of electronic evidence. These meetings occurred in the wake of proposed regulations on the sharing of electronic evidence in the EU, and the passage of the Clarifying…

The U.S. Court of Appeals for the Seventh Circuit (the “7th Circuit”) recently issued an opinion in Heather Dieffenbach, et al. v. Barnes & Noble, Inc. that is potentially concerning for current and potential defendants in class action claims related to data breaches.  The case relates to a 2012 incident where Barnes & Noble discovered…

Facebook faces government investigations on both sides of the Atlantic after recent revelations that Cambridge Analytica, a British political data firm with ties to President Trump’s 2016 campaign, collected and used the personal information of more than 50 million Facebook users in a manner that violates Facebook’s stated policy regarding access, disclosure, and use of personal information. Legislators in the U.S. and the UK have called for hearings.

The Federal Trade Commission (“FTC”) has confirmed it is conducting an investigation into whether Facebook violated the terms of its November 2011 consent decree requiring it to, among other things, “not misrepresent . . . the extent to which it maintains the privacy or security of [personal] information,” and “establish and implement, and thereafter maintain, a comprehensive privacy program that is reasonably designed to (1) address privacy risks related to the development and management of new and existing products and services for consumers, and (2) protect the privacy and confidentiality of [personal] information.” Several state attorneys general have also announced investigations, and Facebook faces at least one a shareholder lawsuit alleging that Facebook did not properly disclose the third-party access to users’ personal information.
Continue Reading Political Data Firm Improperly Accessed Facebook Users’ Data