In Curry v. AvMed Inc., No. 11-13694 (11th Cir. Sept. 5, 2012), the Eleventh Circuit found that the named plaintiffs sufficiently alleged injury and causation by including detailed allegations making it plausible, not merely possible, that their purported injuries resulted from the data breach. In AvMed, plaintiffs alleged that their identities were stolen as a […]
U.S. Senator Sends Cybersecurity Inquiry Letter to American Businesses as White House Executive Order Nears Completion
Chief executives of each of the Fortune 500 companies will soon receive a letter from Senator John D. Rockefeller IV (D-W.Va.) asking them to describe how their companies address computer network security, or “cybersecurity.” In the letter, Senator Rockefeller explains that he is addressing Fortune 500 companies directly because of the recent stalling of the Cybersecurity Act […]
Rep. Markey Introduces Mobile Device Privacy Act (H.R. 6377)
Rep. Ed Markey (D-MA) today introduced in the U.S. House of Representatives the “Mobile Device Privacy Act”, which was numbered H.R. 6377 and will be referred to the House Energy & Commerce Committee for further consideration. Congressman Markey serves as a member of the committee and Co-Chair of the Bi-Partisan Congressional Privacy Caucus. In his […]
FTC Publishes Guidance for Mobile App Developers
On September 5, 2012, The Federal Trade Commission (“FTC”) announced the publication of a guide (the “Mobile App Marketing Guide”) designed to assist mobile application (“app”) developers to observe truth-in-advertising and basic data privacy and security principles when promoting their technologies. For more than a decade, the FTC has examined consumer protection issues arising in conjunction with […]
New York Codifies New Social Security Number Protections
On August 14, 2012, Governor Andrew M. Cuomo signed a series of bills designed to enhance personal privacy protections and combat consumer fraud. A key piece of the legislative package safeguards Social Security Numbers by limiting their collection and dissemination to certain entities that have a public or practical interest in the information, including the state of […]