The Long-Term Promise of Privacy Federalism, Part 2
…Data breach notification stands out as an example–it’s not clear that the notifications benefit consumers OR have the desired compliance effect on companies, but it does impose substantial costs on…
The Long-Term Promise of Privacy Federalism, Part 1 (Guest Blog Post)
…against “revenge porn”: as of last month, Maine became the 25th state to abolish nonconsensual pornography. Now there are attempts to regulate student privacy and to consolidate state data breach…
AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe
…the ruling in the Neiman Marcus case, which I recently blogged about, where the court found standing for putative victims of a retail data breach. Perhaps this case is distinguishable…
Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm
Shutterstock / SoulCurry – I love My Privacy Plaintiffs sued Neiman Marcus on behalf of a putative class alleging claims arising out of a 2013 data breach. Neiman Marcus informed…
Q4 2014 & Q1 2015 Quick Links Part 1 (Privacy/Security)
…Another Snapchat security hole. TechCrunch: The “Snappening” Had No Impact On Snapchat Growth, Usage Or Engagement. Why in the world does anyone trust Snapchat??? * World’s Biggest Data Breaches *…
Q3 2014 Quick Links, Part 2 (Content Regulation)
…in the federal wiretapping case. * WSJ: A Contrarian View on Data Breaches * Ars Technica: Brazil court to Apple, Google: Wipe anonymous sharing app off users’ phones * Marketplace:…
9th Circuit Creates Problematic “Failure To Warn” Exception to Section 230 Immunity–Doe 14 v. Internet Brands
…(unlike the court’s strawman BS arguments) would not be the case for many other types of claims, such as wage-and-hour, income tax demands or failure to issue data breach notifications….
Lock Manufacturer Onity Had Only One Job, But Isn’t Liable For Failing To Do It Well (Forbes Cross-Post)
…locks became functionally worthless to the hotels after the announcement. The court instead analogized Onity’s situation to data breach cases like Reilly v. Ceredian, where consumers’ personal data is stolen…
Lawsuit Over Google’s Unified Privacy Policy Pared Down, But Two Claims Survive
…Circuit did find standing, and says that mere disclosure (as opposed to a data breach along with access of the data via criminal activity) brings this case closer to Low…
[Ad] New Publication Announcement: Data Protection Law Reporter
…the Heartbleed bug complicates plaintiff’s’ proof of the proximate cause of data breaches. • Jay Westermeier of Finnegan Henderson analyzes the data breach consent decrees entered into by the FTC…