On June 3, the Supreme Court issued its opinion in Van Buren v. United States,[1] holding that the Computer Fraud and Abuse Act of 1986 (CFAA) does not create liability when a user who is authorized to access information on a computer does so in a manner that violates an acceptable use policy.
Chelsea Lamb
Republican FTC Commissioner Agrees to Privacy Rulemaking
On June 23, Commissioner Christine Wilson, a Republican appointee, confirmed that she has agreed to use the Federal Trade Commission’s (FTC) rulemaking authority to craft comprehensive data privacy regulations. With Commissioner Wilson’s agreement, there is an even stronger chance that the FTC will engage in privacy-related rulemaking, especially since recently appointed FTC Chair Lina Khan…
FTC Says: “Show Me the Money”
On June 7, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass. And in an interesting twist, the FTC used the proposed settlement to announce a novel means of obtaining monetary relief.
As you’ll remember from our prior commentary, the Supreme Court recently held in AMG Capital Management that Section 13(b) of…
Biden Signs Executive Order Aimed at Improving the Federal Government’s Cybersecurity
On May 12, President Biden signed an executive order (EO) that seeks to improve the federal government’s cybersecurity. This comes in the wake of sweeping cyber incidents, such as the SolarWinds incident. The EO calls on both the federal government and the private sector to work collaboratively to identify, deter, detect, and respond to cyber…
Google Says “Yes” to More Privacy Requirements
On May 6, Google announced that mobile app developers will be required to publish their privacy policies and make other privacy disclosures in a new “safety” section within Google Play beginning in Q2 2022. Google’s announcement is reminiscent of Apple’s June 2020 announcement that app developers publishing in its App Store must publish privacy “nutrition…
California AG Announces Approval of Fourth Set of Modifications to CCPA Regulations
On March 15, California Attorney General Xavier Becerra announced that the California Office of Administrative Law approved his fourth set of proposed modifications to the California Consumer Privacy Act’s (CCPA) implementing regulations (Fourth Set of Modifications), completing the finalization process.
In announcing the approval of the Fourth Set of Modifications, Attorney General Becerra…
DOJ Launches Major Offensive Against Computer Hackers as U.S. Supreme Court Agrees to Hear Case That Could Limit Liability Under Federal Anti-Hacking Statute
On April 22, the United States Department of Justice announced an ongoing multi-agency, multi-jurisdictional offensive targeting hundreds of online scams and phishing, spoofing, and malware schemes related to the novel coronavirus (COVID-19) pandemic.1 Only days earlier, however, on April 20, the Supreme Court of the United States agreed to review an unrelated case brought…
Troutman Sanders Attorneys Publish Article in Law360, “FTC Shows Its Teeth With Latest Privacy And Data Security Update”
On February 25, the Federal Trade Commission – the nation’s primary privacy and data security enforcer – released its latest Privacy and Data Security Update, which summarizes the agency’s privacy and data security activities over the last year and provides a preview of what’s to come in 2020. Here are our top five takeaways…
INSIGHT: Georgia Supreme Court Adds to Patchwork of State Data Privacy Laws
Weighing in on a conflict that
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CFPB Extends Compliance Deadline For Controversial Payday Lending Rule
On June 10, the Consumer Financial Protection Bureau (CFPB) issued a final rule extending the compliance deadline for key provisions of its controversial Payday Lending Rule. The new compliance deadline is November 19, 2020, but the CFPB – despite sharp criticism from consumer advocates and leading Democrats – is expected to rescind the most controversial …