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Senators Warren and Warner Introduce Cybersecurity Bill Aimed at Consumer Reporting Agencies

Senators Warren (D-Mass.) and Warner (D-Va.) introduced a bill today that would establish an Office of Cybersecurity at the FTC, charged with promulgating cybersecurity regulations and monitoring security of consumer reporting agencies, such as Equifax, require consumer reporting agencies to notify the FTC within 10 days of a breach, and impose strict liability penalties for breaches...

2017 Cybersecurity Litigation Year in Review and Forecasts

Cyber-related litigation continues to be volatile, with 2017 witnessing several momentous developments including rulings on standing, the extent of insurance coverage, the fate of the Fourth Amendment’s third-party doctrine in the digital age, and the emerging standard of care for cybersecurity. At the same time, Europe is seeing its own tectonic shifts in how it handles data,...

The Cyber Shot Across the Bow: Data Manipulation and GPS Spoofing

In September 2015, then-Director of National Intelligence James Clapper warned that the next “push of the envelope” in cybersecurity might be attacks that change or manipulate electronic information in order to compromise its accuracy or reliability. Two years later, we may now be seeing the very beginning of such insidious attacks in the form of GPS spoofing—a technique that sends...

Another attempt at a federal breach notification law

A group of Democratic senators, led by Bill Nelson of Florida, are trying once again to get a national data breach notification law passed. As in 2015, the proposed law is styled the Data Security and Breach Notification Act. The text of the 2017 version appears broadly the same as the 2015 version. Of particular note, in light of recent revelations about Uber’s alleged paying of...

Congress and Supreme Court Face Tough Tests on Privacy and Security

The line between security and privacy is difficult to draw. However, it must be drawn and regularly redrawn as circumstances and the world change. At the same time, overdrawing the line, or drawing it in a vacuum, can cause the delicate balance to tip in a way that undermines both privacy and security. In their article for The Hill, Eversheds Sutherland Partner Michael Bahar and...

Legislative Efforts in the Wake of Maritime Cyberattacks

In June, the maritime industry experienced what many consider a particularly insidious form of cyberattack known as GPS Spoofing, where global positioning system data is subtly manipulated to the point of grave inaccuracy. According to the US Maritime Administration, at least 20 ships in the Black Sea were affected. While at sea, these ships erroneously reported positions at an airport...

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