New Federal Bill Seeks Jail Time for Nondisclosure of Data Breaches

Data Security Breaches

Wired reports on a new bill introduced in the Senate that wants to make nondisclosure of data breaches a jailable offense nationwide. Some states already have statutory penalties for companies that seek to hide data breaches, but the new bill would set a uniform approach for all 50 states. Under the current terms of the bill, failure to come forward within 30 days of a breach could lead to up to 5 years in prison for executives who attempt to cover up attacks leading to the improper exposure of private personal data. [Read more…]

Law360 Expert Analysis: COPPA Child Privacy Laws and Related Litigation

COPPA Child Privacy Laws and Related Litigation

Law360 has published an expert analysis piece on the state of privacy litigation under the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501 et seq. The statute imposes strict requirements on commercial websites and online services that collect or maintain the personal information of children under the age of 13. The restrictions also apply to third-party vendors who acquire or otherwise interact with any of that information. Lieff Cabraser has been a forerunner in pursuing litigation on behalf of parents whose children’s data has been improperly acquired, shared, and monetized in a series of lawsuits against companies like Viacom and The Walt Disney Company as well as the creators of some vastly popular children’s games and apps like Subway Surfers. [Read more…]

Michael Sobol Named NLJ Cybersecurity & Data Privacy Trailblazer

Michael Sobol Named NLJ Cybersecurity & Data Privacy Trailblazer Award

The National Law Journal (NLJ) has named Lieff Cabraser partner Michael W. Sobol a 2017 Cybersecurity & Data Privacy “Trailblazer.” The third annual Cybersecurity & Data Privacy Trailblazers listing is a special supplement to the The National Law Journal with profiles of 25 individuals “who have helped make a difference in the fight against criminal cyber activity and towards adding much needed layers of data security in an increasingly digital world of commerce.” [Read more…]

Domestic Violence Victims Get New Tool to Fight Back Against Cyber Abuse

Domestic Violence Victims Get New Tool to Fight Back Against Cyber Abuse

The 3rd District Court of Appeal has ruled that a woman can get a restraining order against her ex-husband despite living thousands of miles away – “a first-of-its-kind decision that will give victims a new tool to use to fight back against cyber abuse,” reported The Daily Journal. [Read more…]

Consumers Still Struggling to Freeze Credit After Equifax Breach

Consumers Still Struggling to Freeze Credit After Equifax Breach

The Equifax hack isn’t over — consumers face “significant risks” ahead

It’s been almost two months since Equifax revealed its colossal July 2017 data breach, but consumers are “still struggling” to successfully freeze their credit reports as credit bureau websites continue to fail. Even worse, some of those sites push consumers toward look-alike products or have even rerouted visitors to downloads of malicious software. And as the AP points out, this is just the tip of the iceberg on “the gauntlet” many consumers will have to run to secure and safeguard their financial records and future personal data security. [Read more…]

Ninth Circuit Rules Verizon Customers Can Sue Turn Inc. Over Hidden “Zombie Cookies”

Ninth Circuit Rules Verizon Customers Can Sue Turn Inc. Over Hidden "Zombie Cookies"

The Ninth Circuit Court of Appeals has ruled that a contract arbitration clause that Verizon imposed on its subscriber customers cannot bar a class action against internet advertiser Turn, Inc. over data collected from customers without their knowledge or permission. Online advertising company Turn is being sued by Verizon Wireless cellular subscribers in federal court in California over privacy violations on claims that the company improperly monitored and tracked consumers’ online behavior through their phones. Turn allegedly attached hidden undeletable “zombie” tracking cookies to harvest customers’ web browsing and usage data. [Read more…]

Mattel Cancels Plans to Sell New Smart-Home Device for Kids Due to Child Privacy Concerns

Mattel Cancels Plans to Sell New Smart-Home Device for Kids Due to Child Privacy Concerns

Multinational toy manufacturer Mattel has announced the cancellation of plans to sell a child-focused smart-home hub device due to privacy concerns. The company states it will not placing the Aristotle product on the market because it “didn’t fully align with Mattel’s new technology strategy,” according to the Washington Post. The toy giant faced a significant outcry from child privacy advocates after initial announcements of Aristotle’s wide range of functions and information-gathering capabilities. [Read more…]

Law360 Op-Ed Piece: Equifax Breach Reminds Us Why We Need The 7th Amendment

Law360 Op-Ed Piece: Equifax Breach Reminds Us Why We Need The 7th Amendment

Law360 has published an op-ed by law professor Jean Sternlight entitled “Equifax Breach Reminds Us Why We Need The 7th Amendment.” The piece takes a close and strong critical look at forced arbitration in the U.S., grounding the battle over forced arbitration’s destructive effects in the 7th Amendment to the U.S. Constitution and the right of all citizens to a jury trial in civil cases. [Read more…]

Mark Chalos Talks to News3 Memphis on the Massive Equifax Hack & How Consumers Can Protect Their Information

Mark Chalos Talks to News3 Memphis on the Massive Equifax Hack & How Consumers Can Protect Their Information

With 143 million Americans affected by the massive Equifax data breach and a greater than 50-50 chance that any given individual’s personal information has been stolen by hackers, Lieff Cabraser attorney Mark Chalos has some advice for consumers across America. “They never came to us and said is it okay if we keep your Social Security number and take your home address and work address and other important information and store it somewhere. They never asked us to do that, they just did it and apparently they were careless with it.” Chalos is emphatic: “It is absolutely time that the American consumer asks the legislators why are you letting these companies do this?” [Read more…]

Equifax Data Breach Disaster: Security Freezes and Other Actions Consumers Can Take

data breach credit cards consumer fraud

Amid widespread reports of Equifax’s staggeringly huge data breach announced late last week, wherein the detailed personal financial information for over 143 million Americans was stolen from Equifax, data safety and privacy advocates recommend that placing a security freeze on your credit reporting file is the single best action you can take to try to minimize the serious damage that the Equifax data breach may cause. [Read more…]