In 2009, Sears Holding Management settled with the Federal Trade Commission (FTC) over allegations that the company’s online tracking activity exceeded what they told consumers. Now, Sears has submitted a petition requesting that the FTC reopen and modify its settlement order, arguing that changing technology since 2009 has made the order’s definition of “tracking
Cybersecurity
Cybersecurity Update


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White House Issues New Cybersecurity Executive Order


On May 11, President Trump issued Executive Order Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure, which centers on federal networks, critical infrastructure, and the nation’s overall cybersecurity. The order largely expands on cybersecurity recommendations developed during the Obama administration. The order calls for a review of vulnerabilities and preparedness by the Secretary…
Are Your Security Tools Up to Date?


The effects of the massive cyberattack using ransomware known as “Wanna Cry” are still being felt all over the world. Tens of thousands of organizations have been infected, including the UK’s National Health Service, which ran some services on an emergency-only basis the day the attack began in earnest. Some security experts surmise…
Government Agencies to be Rated on Cybersecurity Using NIST Framework


The Trump administration has announced that it will impose new metrics on federal agencies related to cybersecurity. Agencies and departments will be required to comply with the framework developed by the National Institute of Standards and Technology (NIST) and report back to the Department of Homeland Security (DHS), the Office of Management and Budget (OMB),…
NIST Issues New Update to Cybersecurity Framework


On January 10, 2017, the National Institute of Standards and Technology (NIST) released an update to its Cybersecurity Framework, first issued in 2014. The Framework focuses on using business drivers to guide cybersecurity activities and considering cybersecurity risks as part of the organization’s risk management processes. The new draft provides details on managing cyber supply…
Avoid Being Held Hostage: FTC Releases Ransomware Guidance


New research from security company Kaspersky Labs suggests that the use of ransomware is now so widespread that nearly every moment, a ransomware attack is being launched somewhere in the world on businesses and consumers.
Ransomware, or malicious software that infiltrates computer systems and uses tools like encryption to deny access or hold data “hostage”…
NTIA Announces Multistakeholder Workshop on IoT Security Patching


The National Telecommunications and Information Administration (NTIA) has announced it is convening a series of multistakeholder meetings concerning Internet of Things (IoT) Security Upgradability and Patching. The initial meeting will be held in Austin, Texas, on October 19, 2016. An associated Federal Register notice (expected to be published September 19, 2016) describes the short-term goal…
Shielded: EU Approves Privacy Pact with the U.S., Fee Schedule Proposed


The European Commission (EC) approved the EU–U.S. Privacy Shield on Tuesday, July 12, after European Union member states, through the Article 31 committee, approved the pact the previous week (more on the draft adequacy decision back in March here and the earlier agreement laying out the Privacy Shield here). The decision will allow U.S.…
Supreme Court Requires Plaintiffs to Show Harm or Risk of Harm, Not Bare Procedural Violation, to Get Statutory Damages



Last year, we noted that the Supreme Court had granted certiorari in a case that could limit the ability of plaintiffs to sue defendants over bare statutory violations without the showing of actual injury. The case implicates a wide variety of statutes that grant monetary awards to successful plaintiffs on…