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Showing Blog Posts: 21–30 of 69 tagged Law

  • Nine Days from Sony Security Breach to Class Action Lawsuit

    by Stephen Wu on May 9, 2011

    On April 27, 2011, lawyers in California filed a class action complaint against Sony for failing to protect sensitive information of consumers using the PlayStation® game console and Playstation® Network. The complaint arises from events surrounding a security breach at Sony compromising users’ data. In fact, the complaint claims that the Sony breach may result in “the greatest potential for credit…

  • Are Consumers Legally Damaged When a Free Service Fails to Protect Their Personal Information?

    by Stephen Wu on April 17, 2011

    When consumers use a paid Internet service, and the service fails to protect their personally identifiable information (“PII”), the consumers can claim that they sustained a concrete injury. They arguably paid something for the service, and did not receive the full benefit of what they expected, namely a service that protects their PII, especially when the service’s privacy policy says that it…

  • New E-Discovery Case Emphasizes Attorney Collaboration

    by Stephen Wu on March 17, 2011

    United States District Judge Shira Scheindlin in Manhattan's federal court has been as one of the leading lights in the federal judiciary in the field of electronic discovery since her landmark Zubulake v. UBS decisions in 2003 and 2004. This year, Judge Scheindlin rendered another decision that may have a similar important impact on eDiscovery practice in federal and state courts around the…

  • Privacy, Data Security, and eDiscovery Issues Are Spreading to Other Areas of Law

    by Stephen Wu on February 20, 2011

    As Chair of the American Bar Association Section of Science & Technology Law, I write a column every quarter for the Section’s glossy magazine, The SciTech Lawyer. In the upcoming issue of the magazine, I will be writing about changes I perceive in the practice of law. In particular, my message to the Section’s membership is that rapid advances in science and technology are changing the way lawyers…

  • Attorneys Have an Obligation to Clean Up Their Act – And Their Media

    by Stephen Wu on January 24, 2011

    In a pair of recent ethics, the Florida Bar and Alabama State Bar issued ethics opinions concerning the sanitization of media containing client information. Recent news stories exposed how disposed printer hard drivers may contain sensitive information, which the owners or lessees failed to destroy before disposing the printers. In an effort to minimize the risks to client information, the…

  • Ruling that Data Breach Victims Had Standing to Pursue Claims

    by Stephen Wu on December 23, 2010

    On December 14, 2010, the U.S. Court of Appeals for the Ninth Circuit ruled that victims of a data breach had standing to sue in federal court under Article III of the Constitution for negligence and breach of implied contract. The court's ruling appears in Krottner v. Starbucks Corp., No. 09-35823, 2010 WL 5141255 (9th Cir. Dec. 14, 2010). Despite the ruling for plaintiffs on standing, the…

  • FTC Publishes Proposed Privacy Framework for Behavioral Ads

    by Stephen Wu on December 9, 2010

    This month, the Federal Trade Commission issued a proposed privacy framework for businesses and policymakers to oversee behavioral advertising practices. The key provisions of the framework include: 1. Urging businesses to build privacy and data security into the design of sales and advertising practices and into the design of their products and services. 2. A call for businesses to simplify…

  • Deceptive email - this time from SAP

    by Ben Rothke on December 7, 2010

    In October 2010, I got yet another piece of deceptive email from VeriSign, as I wrote in What’s with VeriSign and their deceptive marketing tactics?. Jump to December and the email I just received from VeriSign shows they did indeed go full circle and remove all misleading language. From the subject line, they include the all important verb could. But SAP seems not to have learned the same lesson. …

  • Governor Schwarzenegger Vetoes Proposed A.G. Reporting Requirement for Data Breaches – Again

    by Stephen Wu on November 12, 2010

    Sometimes the third time’s a charm, but in the case of S.B. 1166, a bill intended to strengthen California’s data breach notification law, the third time ended up like the preceding two – in a veto by Governor Arnold Schwarzenegger. I wrote in aMay blog post about Sen. Joseph Simitian, the author of California’s S.B. 1386, introducing legislation for the third time to augment S.B. 1386. S.B. 1386…

  • Government Proposes Encryption Backdoors

    by Stephen Wu on September 28, 2010

    The New York Times published a story yesterday saying that the Obama Administration will propose new legislation next year that would require communications service providers to create the capability to allow the government to seek the equivalent of a wiretap to view encrypted communications. Communications service providers that encrypt communications would need to have the capability to provide…

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