Once More Into the (Data) Breach – House GOP Proposes Obamacare Breach Bill

As if we don’t have enough to worry about, Nextgov.com has reported that the first order of business for House Republicans is to introduce legislation mandating that the HHS CMS disclose all “data breaches” involving the healthcare exchanges. According to the article, House Majority Leader Eric Cantor wants to remove any discretion HHS has in…

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More Legal Gaps in SDNY NSA Bulk Data Collection Decision

A further review of the decision of the Southern District of New York approving the NSA’s bulk data collection of all telephone metadata shows huge legal gaps which can now be used not only by the intelligence community, but by prosecutors and other litigants in the future.  Just a few to focus on here. Collection…

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NY Times Blogger’s Predictions for Technology in 2014 – Privacy Implications

A recent piece by NY Times Bits blogger Nick Bilton, Disruptions: “Coming in 2014: Extremely Smart Watches and Wearable TVs” described his predictions for technology in 2014, many of which have significant privacy and security implications. It described a certain type of data convergence, where cloud and mobility merge to paint a more accurate picture…

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After the Breach – A Legal Target (Volume Il: The Losers)

  In Volume l, I discussed the liability that Target may have to its customers as a result of the data breach. But that is only the beginning of Target’s potential legal woes.  You see, when there is a massive data breach, there are a lot of players involved, and they all tend to blame each other. …

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After the Breach – A Legal Target (Volume I)

In  the wake of the massive Target data breach, consumers and others may be inclined to go to their lawyers and ask the stupidest question you can ever ask a lawyer, “can I sue?” The answer to that question is always, “yes.” And what would you sue for?  The answer to that one is, “for…

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