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Showing Blog Posts: 11–20 of 77 tagged Law

  • New Target Data Breach Lawsuits

    by Stephen Wu on December 31, 2013

    The recent massive data breach into Target’s payment systems compromising millions of payment card numbers is now on the list of the most infamous breaches. In addition, stories are now appearing in news media about lawsuits being filed in the wake of the data breach by victims whose payment card information was believed stolen. I am writing this post to explain what a typical data breach lawsuit…

  • California’s New “Eraser” Privacy Law Aimed at Protecting Minors

    by Stephen Wu on September 29, 2013

    On September 23, 2013, Governor Jerry Brown signed a new piece of legislation aimed at the online protection of minors. Designated Senate Bill 568, the new law received publicity for giving minors an “Internet eraser,” requiring online services to provide a mechanism by which minors can remove their own social media and other online content. This mechanism is intended to give minors the ability…

  • Why Have a Privacy Policy

    by Stephen Wu on August 28, 2013

    Privacy has been a hot legal issue for years, and the temperature is moving even higher. Governmental enforcement actions and class action suits have become ever more common. One common trigger is a data privacy or security breach. Surprisingly, in 2013, another common trigger is the lack of a privacy policy. Yes, there are some companies that create online services or Internet applications…

  • Legal Issues in Managing Mobile Devices in the Enterprise

    by Stephen Wu on May 17, 2013

    This month, I completed a book on the legal issues involved with managing mobile devices in the enterprise. The publisher will be the American Bar Association Section of Science & Technology Law. I served as Chair of the Section from 2010 to 2011. I expect the Section to publish the book in time for the American Bar Association Annual Meeting in August in San Francisco. But the purpose of this…

  • California's New Defense for Medical Data Breach Cases

    by Stephen Wu on February 24, 2013

    Last year, I discussed the phenomenon of a big dollar class action suit seeking almost a billion dollars in statutory damages arising out of a healthcare data breach.#_ftn1 A break-in at Sutter Health occurred at its administrative offices in October 2011, in which burglars stole a desktop computer containing unencrypted electronic medical records on a large number of patients. On the date Sutter…

  • BYOD and Employee Privacy--Factors to Consider

    by Stephen Wu on December 12, 2012

    Let’s say that your company has a “Bring Your Own Device” (BYOD) policy permitting employees to use personal mobile devices for work. Do your employees have a reasonable expectation that their mobile device information is private, even if some of that information is work-related? Can an employer compel access to that information? A recent case sheds some light on the factors a court will use to…

  • New Illinois Social Media Privacy Law

    by Stephen Wu on November 12, 2012

    On January 1, 2013, new Illinois legislation will go into effect, which will limit employers' ability to gain access to employees' or job candidates' social media content. The legislation, HB3782, bars employers from requesting or requiring any employee or prospective employee to provide a password or related social networking account information. After news reports early this year talked about…

  • Burdens of Proof: Cryptographic Culture and Evidence Law in the Age of Electronic Documents

    by Ben Rothke on November 8, 2012

    In Burdens of Proof: Cryptographic Culture and Evidence Law in the Age of Electronic Documents, author Jean-François Blanchette observes that the move to a paperless society (a completely paperless society is unrealistic, as articulately detailed in The Myth of the Paperless Office) means that paper-based evidence needs to be recreated in the digital world. The book details the many the challenges…

  • Social Media Privacy Legislation Update

    by Stephen Wu on May 30, 2012

    Back in March, I wrote about new legislation at the state level that would prohibit employers from asking job applicants for their social media user names and passwords. Legislatures in eleven states have introduced social media privacy bills, and in one state, Maryland, one of the bills has become law. The idea behind these laws is that when employers demand that a job applicant disclose his or…

  • New Legislation Would Bar Employers From Asking for Social Media Passwords

    by Stephen Wu on March 24, 2012

    We have all seen stories about how social media accounts are treasure troves of information. In past years, legal experts have discussed the issue of whether employers should view social media information of prospective employees. Some employers are tempted by the amount of information available on these services to vet employees and obtain a much more candid view of what makes job applicants…

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