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Articles Posted in Cybersecurity

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Does the CFAA Apply to Website Scraping? The Ninth Circuit Says “Not So Fast”

Companies use a variety of causes of actions to protect their websites from competitors or others wanting to “scrape” data from their site using automated tools. Over the years, legal doctrines such as copyright infringement, misappropriation, unjust enrichment, breach of contract, and trespass to chattels have all been asserted, though…

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CCPA, GDPR and the Future of Cross-Device Tracking

Efforts to regulate cross-device tracking have increased since we last addressed the topic in 2017, following the release of the FTC’s Staff Report. Significant developments include the implementation and enforcement of the EU’s General Data Protection Regulations (GDPR), and the fast-approaching implementation deadline for the California Consumer Privacy Act (CCPA).…

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Trade Secrets and Theft by Steganography: When a Picture Contains a Thousand Words

In November 2018, the U.S. Department of Justice rolled out the China Initiative. This new policy includes plans to “identify priority Chinese trade theft cases, ensure we have enough resources dedicated to them, and … bring them to an appropriate conclusion quickly and effectively.” The new Attorney General, who has…

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Would You Like Malware with Your Grumpy Cat Meme?

Social media companies like Facebook and Twitter have written “white papers” and devoted considerable resources to projects intended to create services that encourage trust and a sense of familiarity on the part of users. Messages, photos and personal information are easily shared with groups of friends and co-workers, or in…

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News of Note for the Internet-Minded – 1/31/18 – Bots, ’Bots and More Bots

Bots get purged, bots hijack the IoT, bots come to your emotional rescue and more! (There is some non-bot news, as well.) Burger King goes political (and viral) with a video weighing in on the debate over Net Neutrality. (Aaron Mak, Slate) Is Twitter in the midst of a bot…

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Taking It Personally: One Lawsuit Tries to Hold Individuals Accountable for the Equifax Data Breach

As we discussed recently, the Equifax data breach has inevitably brought a great deal of scrutiny and legal action against the credit reporting agency. Amidst the numerous brewing class actions and other reactions from government agencies and state AGs, it’s worth pointing out another front on which the company—and more…

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When Ripples Become Waves: The Equifax Cybersecurity Incident

Since September 7, 2017, Equifax, one of three credit rating agencies in the United States, has been dealing with the fallout from one of the largest (known) data breaches of personal information, putting 143 million Americans at risk from fraud and identity theft (roughly 44% of the U.S. population). What…

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The Doxing Dilemma: A Popular Tactic of Social Activists and Cyber Bullies Alike Remains Mostly Legal

After counter-protests ended in tragedy, a small group of social media users took to Twitter to expose the identities of the white supremacists and neo-Nazis rallying in Charlottesville, Va. Since last Sunday, the @YesYoureRacist account has been calling on Twitter users to identify participants in the rally. Twitter users identified…

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Executive Order 13800 – Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure

President Donald J. Trump signed Executive Order 13800 titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” on May 11, 2017, his thirty-fifth executive order since taking office. Before evaluating President Trump’s cybersecurity executive order, it is worth taking a step back to look at what Candidate Trump said…