On Friday, May 9 the Department of Justice (DOJ) released a white paper stating that under its interpretation of the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., communications companies are permitted to disclose “non-content information to the government” as long as that information is in its “aggregate form.” The lynchpin of the DOJ’s […]
Google Must Scrub its Search Engine of Individual’s Personal Data, Court Rules
The European Court of Justice (“ECJ”) ruled today that Google may be compelled to remove search listings of web pages containing information about individuals. Mario Costeja Gonzalez, a Spanish national, complained in 2010 to Spain’s data protection authority (“Spanish DPA”) about the inclusion of a newspaper article in Google search results that appeared when searching his […]
Kim Peretti Quoted in Law360 Article “Post-Target Breach Laws Ratchet Up Pressure On Companies”
Kim Peretti, co-chair of the firm’s Security Incident Management & Response Team, was quoted in the Law360 article “Post-Target Breach Laws Ratchet Up Pressure On Companies.” The article discussed how Florida, Minnesota and several other states have moved to amend their data breach notification laws to tighten reporting timelines in response to the Target data […]
U.S. Court Requires Microsoft to Produce Data Stored in Ireland Pursuant to SCA Search Warrant
On April 25, a federal magistrate judge ruled that Microsoft must disclose to U.S. federal investigators the contents of a customer’s email account stored outside of the United States. Microsoft had previously complied with portions of a search warrant seeking certain other information related to the targeted email account, but the company moved to quash the […]
LabMD Wins Discovery Disputes Against FTC; FTC Compelled to Disclose Data Security Standards
In the latest chapter of the ongoing battle between the FTC and LabMD, Inc. (“LabMD”) about the FTC’s claim that LabMD violated the FTC Act’s Section 5 bar on “unfair” acts or practices because of its allegedly inadequate data security practices, an administrative law judge overseeing the FTC’s administrative action against LabMD recently issued two […]