On April 29, 2015, the Department of Justice’s Criminal Division will host a cybersecurity industry roundtable on data breaches. The event, which will include audience question and answer sessions, will focus on a range of recent industry developments. The event will feature a discussion of cybersecurity from the national security perspective by John P. Carlin, […]
Enforcement
FTC Proposes Settlement with Two Companies Over False Safe-Harbor Claims
On April 7, 2015, two U.S. companies agreed to settle Federal Trade Commission (“FTC”) allegations that they falsely claimed to be in compliance with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework. In the concurrently filed complaints against TES Franchising, LLC (“TES”), a franchisee coaching business, and American International Mailing, a mail […]
FCC Adopts Consent Order with AT&T Over Alleged Data Security Violations
The Federal Communications Commission (FCC) announced on April 8 that it had adopted a consent decree between its Enforcement Bureau and AT&T Services, Inc. (AT&T), including a civil penalty of $25 million and a requirement to adopt a comprehensive compliance plan, among other actions. The consent decree alleges that AT&T “failed to protect the confidentiality” […]
President Obama Signs Executive Order Authorizing Sanctions for Cyber Attacks, Use of Stolen Data
On April 1, 2015, the White House unveiled Executive Order 13694, which authorizes the Treasury Department to sanction entities outside of the United States that engage in “cyber-enabled activities” that are “reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial […]
Third Circuit Questions FTC’s Data Security Authority
On March 3, 2015, the Third Circuit heard oral argument in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) on the issue of whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act. This appeal arises out of the District Court’s holding that the unfairness prong […]