Continuing the state-by-state legislative trend, three more state legislatures; Indiana, Montana, and Tennessee (via their respective “Acts”); have passed comprehensive data privacy laws. Even while a federal comprehensive data privacy law remains elusive, these laws join the patchwork of data privacy laws in California, Colorado, Connecticut, Iowa, Utah, and Virginia. Below are some highlights from these Acts:
Are BIPA Claims a Runaway Train? Defendant Hit With $228 Million Federal Jury Verdict in Rogers v. BNSF Railway
On Wednesday, a federal jury broke new ground for lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co. is the first BIPA class action to go to trial in Illinois, and after only five days of trial and a mere hour of deliberation, the jury returned a verdict in favor of the plaintiff resulting in a whopping $228 million damage award to the class.
Continue Reading Are BIPA Claims a Runaway Train? Defendant Hit With $228 Million Federal Jury Verdict in Rogers v. BNSF Railway
Cyberattack Reporting Requirements Included in Spending Deal
Note: This story featuring commentary from Dykema’s Cinthia Granados Motley was originally published by Bloomberg Gov.
- Critical infrastructure industries would have to report hacks
- Spending deal heading for House vote later on Wednesday
By Maria Curi | March 9, 2022, 5:31AM ET
Cybersecurity legislation that would impose new hack and ransomware reporting requirements on businesses was included in a spending bill lawmakers unveiled early Wednesday.
The Senate passed the cyber reporting requirements on March 1 under a bill (S. 3600) from Sen. Gary Peters (D-Mich). Peters previewed their inclusion in the spending bill Tuesday.
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FTC Launches Investigation Into Facebook, Twitter, and Other Social Media Sites
The Federal Trade Commission’s increased activity in the data security arena continues, as the FTC has ordered nine social media and video streaming companies—including Facebook, Twitter, TikTok, and Reddit—to provide data on their data privacy practices. The orders seek to discover on (i) how these companies collect, use and present personal information, (ii) their advertising, (iii) their user engagement practices, and (iv) how their practices affect children and teenagers.
In issuing the orders, the FTC focused on social media’s monetization of users’ activities and “the industry’s increasing intrusion into our private lives.” In a joint statement, the FTC wrote:
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Cyber Actors Hit K-12 Distance Learning Efforts With Ransomware and Phishing Attacks
The FBI, the Cybersecurity and Infrastructure Security Agency (CISA), and the Multi-State Information Sharing and Analysis Center (MS-ISAC) have issued a joint warning that malicious cyber actors are targeting kindergarten through twelfth-grade (K-12) educational institutions. These actors are initiating ransomware attacks, data thefts, and general disruption of distance learning efforts. The agencies expect these attacks to continue through the 2020-21 academic year.
Among other things, cyber actors have launched ransomware attacks against school computer systems, rendering them inaccessible for distance learning and other basic functions. They have also stolen and threatened to leak confidential student data and personal information unless the institutions paid a ransom. In August and September 2020, 57 percent of ransomware incidents reported to MS-ISAC involved K-12 school, compare to 28 percent of such incidents from January through July.
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CISA Issues Warning to Mitigate Widespread Vulnerability
Last week FireEye announced publicly that it had suffered a cyber-attack by a “highly sophisticated state-sponsored attacker utilizing novel techniques.”[1] FireEye is a leading cybersecurity firm whom provides information security services and tools, including forensic investigation services, to high profile clients worldwide. In its public disclosure of the breach, FireEye reported the threat actor specifically targeted its Red Team tools. FireEye then preemptively released the means and methods to detect those Red Team tools. In its investigation of the incident, FireEye discovered that a widely used IT service provider, SolarWinds®, had also been hacked. The threat actor infiltrated SolarWinds and then packaged a malicious trojan into a normal SolarWinds update. SolarWinds believes as many as 18,000 clients may have download the update with the malicious trojan.
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FTC Settles Complaint Against Zoom Regarding End-to-End Encryption
On November 9, the FTC announced a settlement of its complaint against Zoom Video Communications, Inc. The complaint charged Zoom with deceptive and unfair privacy and security practices, including claiming that it offered end-to-end encryption.
The end-to-end encryption claim has garnered the most attention. As the complaint states, Zoom represented that it offered end-to-end encryption. Instead, as this blog has previously explained, Zoom offered transport encryption, which meant that the Zoom service itself could access the unencrypted video and audio content of meetings. This meant that the confidentiality of recorded Zoom meetings depended entirely upon Zoom servers’ security from hackers—a particular concern for some users given that Zoom has servers in China. (As of October 26, Zoom began offering true end-to-end encryption as a technical preview, meaning that the company is proactively seeking feedback from its users.)
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Political Cost of Data Leaks: Data Security in the Crosshairs
“This article was originally published with Security Toolbox on September 15, 2020. You can view the original content, here.”
Domestic and international politics have invaded the field of data security, and the COVID-19 pandemic has only added to this invasion. Shane O’Donnell a partner & Chief Audit Executive at The Mako Group and Sean Griffin, a member at Dykema explains how security leaders can safeguard their crucial IT infrastructure in this new era of data security and navigate foreign and domestic politically motivated leaks.
Like it or not, domestic and international politics have invaded the field of data security. Of course, COVID-19 has assisted this invasion, but other political factors from the upcoming US election to this summer’s Black Lives Matter protests have played a part. Data security professionals must therefore keep an eye not only on their IT infrastructure but the practical consequences of recent political actions.
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Why Cannabis Companies Need to Care About the TCPA
Cannabis companies nationwide are facing yet another statutory obstacle that can have serious (and potential ruinous) consequences for the emerging industry if not appropriately addressed—the Telephone Consumer Protection Act (“TCPA”). There is a recent uptick in class-action lawsuits filed against cannabis companies across the country premised on alleged violations of the TCPA including lawsuits in Michigan and California. These complaints allege cannabis companies sent unsolicited marketing text messages or placed automated phone calls to individuals without their consent. Cannabis dispensaries and other cannabis-related businesses should add TCPA compliance protocols to their checklist of regulatory requirements to be satisfied in this quickly emerging industry.
The TCPA
Enacted in 1991, the TCPA heavily regulates the ability to send phone, text, or facsimile messages through automatic telephone dialing systems. Non-compliance with the statute can be costly, as companies found to have violated the TCPA can be liable for $500 per call or text sent in violation of the Act, and up to $1,500 for willful or knowing violations. Damages are also not capped under the TCPA, so even a small number of texts or calls sent to a large number of recipients can lead to hefty damage awards. The ability to recover significant damages results in most TCPA claims being brought as class-actions. As a result, it is imperative that cannabis businesses that communicate with customers via text or by phone understand the rules governing the TCPA to avoid or at least minimize their liability exposure.
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COVID-19 Increases Data Security Threats, Interpol Warns
Months ago, the Firewall warned that cybercriminals were taking advantage of the anxiety and insecurity from COVID-19 to promulgate phishing schemes, malware, and other schemes. Interpol recently released a report (click here to download PDF from Interpol) warning of these dangers and other cybercriminal activity that exploits the current COVID-19 environment. As the Firewall advised in April, Interpol’s report notes that cybercriminals are taking advantage of the increased security vulnerabilities arising from the sudden shift to remote work.
Interpol groups the recent COVID-related cybercriminal activity into five categories.
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