On January 9, 2017, Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO) reintroduced the Email Privacy Act, which would amend the Electronic Communications Privacy Act to require government entities to obtain a warrant, based on probable cause, before accessing the content of any emails or electronic communications stored with third-party service providers, regardless of how long the communications have been held in electronic storage by such providers.
Continue Reading Email Privacy Act Reintroduced in Congress

On December 27, 2016, the Securities and Exchange Commission announced charges against three Chinese traders who allegedly made almost $3 million in illegal profits by fraudulently trading on nonpublic information that had been hacked from two New York-based law firms.
Continue Reading SEC Charges Chinese Traders with Trading on Information Stolen from Law Firms

On October 18, 2016, the United States Court of Appeals for the Fifth Circuit held in Apache Corp. v. Great American Ins. Co. that a crime protection insurance policy does not cover loss resulting from a fraudulent email directing funds to be sent electronically to the imposter’s bank account because the scheme did not constitute “computer fraud” under the policy.
Continue Reading Court Rules Fraud Involving a Computer Is Not ‘Computer Fraud’ under Crime Protection Policy

On October 23, 2015, the United States District Court for the District of Minnesota, in large part, upheld Target’s assertion of the attorney-client privilege and work-product protections for information associated with a privileged, internal investigation of Target’s 2013 data breach.
Continue Reading Federal Court: Attorney-Client Privilege and Work-Product Doctrine Upheld for Materials Associated with Internal Data Breach Investigation

On September 11, 2015, the Federal Communications Commission (“FCC”) announced that Lyft Inc. (“Lyft”) and First National Bank Corporation (“FNB”) violated the Telephone Consumer Protection Act (“TCPA”) by forcing their users to consent to receive automated text messages as a condition of using their services. The FCC warned that these violations could result in fines if they continue.

Continue Reading FCC Cites Lyft Inc. and First National Bank Corp. for TCPA Violations

On April 8, 2015, a New York Assemblyman introduced the Data Security Act in the New York State Assembly that would require New York businesses to implement and maintain information security safeguards. The Data Security Act also expands the scope of New York’s breach notification law.
Continue Reading Data Security Act Introduced in New York State Assembly