Blog Archives

Dwolla and the CFBP – Is mere puffery a deceptive practice in cyber-security?

The Consumer Financial Protection Bureau (“CFPB”) filed an interesting consent order in re: Dwolla, Inc. concerning their cyber security practices. 1)See “CFPB Takes Action Against Dwolla for Misrepresenting Data Security Practices”, available at The order begins with CFPB identifying

Posted in Data Breach, Law, News & Commentary Tagged with: , ,

Court Order Compelling Apple’s Assistance Under the All Writs Act

On February 16, 2016, a magistrate judge in the Central District of California issued an order, under the All Writs Act, compelling Apple to assist the FBI in searching an iPhone 5C that belonged to Syed Rizwan Farook. Farook was

Posted in Law, News & Commentary, Security Tagged with: , , , ,

FTC– LabMD, Wyndham, and Regulating Cybersecurity Under the “Unfairness” Prong

The FTC brought an administrative action against LabMD, a Georgia based medical testing lab, because of a security incident occurring within the company. A decision by the administrative law judge came out recently essentially saying the FTC failed to carry

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Understanding the Implications of FTC v. Wyndham on Data Security Practices

The Federal Trade Commission (FTC) is very active and interested in data breaches and other cyber security incidents. The federal government and many state governments are slowly adding legislation that specifically addresses issues of cyber security and data breach reporting,

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Ashley Madison – Thoughts about Cyber Liability

I’ve written about the Ashley Madison data breach before especially about their use of DMCA takedown notices. Today a short twitter conversation about technicalities gave me a thought to write something brief about how insurance coverage and cyber liability interact

Posted in Data Breach, Hacks, Cracks, and Attacks, Law, News & Commentary Tagged with: , ,