United States – Page 4 – Cyber Law Watch

Elon Musk Acquires X.com

Jul 25 2017

By Cameron Abbott and Olivia Coburn

Elon Musk has repurchased X.com, a website he created 18 years ago in 1999, although his intentions for the purpose of the domain remain unclear.

X.com was one of the world’s first online banks, insured by FDIC and partnered with Barclays. X.com was initially intended to be full service online financial institution, but could not overcome regulatory challenges. At that time, financial regulatory systems were not equipped to deal with the products that X.com was offering, which included online savings accounts, brokerage services and insurance products.

U.S. data breaches reached record high in 2016: Report

Jan 26 2017

By Cameron Abbott

According to a report highlighting findings from the Identity Theft Resource Center and CyberScout:

Data breaches in the U.S. reached an all-time high in 2016, with the number of breaches tracked reaching 1,093, a 40% increase from the year earlier
The financial services industry accounted for only 52 of the breaches, or 4.8%, making it the least hit of the five industries tracked. Business, healthcare, education and the government and military were hacked more than the financial services industry
For the eighth consecutive year, hacking, skimming and phishing were the main drivers of data breaches, representing 55.5% of all reported incidents. Many were due to CEO phishing in which sensitive data is exposed
While consumers and businesses are constantly warned to pay close attention to their email, breaches that used email and the internet as a way to hack people only accounted for 9.2% of all the hacks, while employee error was responsible for 8.7% of the hacks.

This isn’t the first data set to show that data breaches surged in 2016. According to Gemalto’s Breach Level Index, in the first six months of 2016, data breaches rose 15%, and the number of compromised data records jumped 31% compared to the previous six months. The findings also revealed that 64% of all data breaches involve identity and personal data theft.

A New Cyber Regulator on the Beat: The CFPB Issues its First Cybersecurity Order and Fine

Mar 09 2016

By Ted Kornobis

On March 2, 2016, the Consumer Financial Protection Bureau (“CFPB”) instituted its first data security enforcement action, in the form of a consent order against online payment platform Dwolla, Inc.

The CFPB joins several other regulators that have recently issued statements or instituted enforcement actions in this space, including the Securities and Exchange Commission (“SEC”), Commodities Futures Trading Commission (“CFTC”), the Financial Industry Regulatory Authority (“FINRA”), the National Futures Association (“NFA”), the Department of Justice (“DOJ”), state attorneys general, and the Federal Trade Commission (“FTC”), which has been active in this area for several years.

To read more click here.

The EU-US Privacy Shield has been released

Mar 02 2016

By Cameron Abbott and Meg Aitken

The European Commission has now officially released the EU-U.S. Privacy Shield, which sets out the key requirements and principles for trans-Atlantic data flow between Europe to the US.

Read our colleague’s article on the announcement here.

Alternatively, access the European Commission’s Press Release here.

‘EU-US Privacy Shield’ agreed for trans-Atlantic data flow

Feb 04 2016

By Cameron Abbott and Meg Aitken

A new trans-Atlantic data transfer framework has been agreed between the European Commission and the United States this week. Known as the ‘EU-US Privacy Shield’, the new arrangement is intended to offer greater legal certainty for businesses and afford EU citizens increased protection when their data is transferred across the Atlantic to the US.

The new regulations will replace the US-EU Safe Harbor framework, which was invalidated by the European Court of Justice last October on the basis that the generalised access that public authorities had to the data and content of electronic communications violated fundamental privacy rights. Read our earlier blog post on the Safe Harbour decision here.

The key features of the new EU-US Privacy Shield are:

Stronger obligations on US companies to protect the personal data of EU citizens
More robust enforcement powers granted to both EU and US regulators, including greater monitoring and prosecution by the US Department of Commence and Federal Trade Commission (FTC)
Clearer conditions, limitations, redress avenues and safeguards for data transferred across the Atlantic
Expanded obligations for US companies to prove compliance
Several new avenues for EU citizens to lodge complaints about data misuse, including the establishment of a new independent privacy Ombudsman

The new Privacy Shield is still awaiting final approval from the College of Commissioners and will be subject to further review by the Article 29 Working Party before it is introduced. Much of the detail has not been released, so while the principles have been articulated, the impact on the obligations of affected companies is still far from clear.

Read the European Commission press release here for further details.

Our US and EU colleagues have drafted a more detail description which can be accessed here for further information.

Complex ModPOS Malware Infects Point-of-Sale Terminals in Lead up to Christmas Spend Frenzy

Nov 30 2015

By Cameron Abbott and Meg Aitken

While the festive season approaches and retailers prepare for their busiest time of the year, a sophisticated form of point-of-sale malware, known as ‘ModPOS’, has reared its ugly head and is targeting payment terminals in the U.S.

It is estimated that the first ModPOS data hacks occurred in 2013 and that millions of credit and debit cards used at a broad variety of U.S. retailers have since been compromised. The unique complexity of the code, which experts say has never been seen before in malware, made it tricky to decipher.

Cyber security experts have warned that ModPOS has the ability to not only “scrape” credit and debit card numbers from the memory of point-of-sale terminals, but that the multifaceted code also records keystrokes of computer operators and transmits stolen data. If that isn’t enough, the malware is particularly difficult to detect and is reportedly capable of infiltrating despite security software and data controls.

More details about ModPOS malware can be found here.

EU and U.S. Agree in Principle on New Trans-Atlantic Data-Transfer Agreement

Oct 28 2015

By Cameron Abbott and Melanie Long

On 26 October 2015, European Commissioner Vera Jourová, announced that the European Union had agreed in principle with the US on a new trans-Atlantic data-transfer agreement. Commissioner Jourová made the announcement in a speech, before the Committee on Civil Liberties, Justice and Home Affairs, which addressed the recent judgment of the European Court of Justice that invalidated the safe harbour scheme between the two countries (Schemes decision). Commissioner Jourvá said, “there is agreement…in principle, but we are still discussing how to ensure that these commitments are binding enough to fully meet the requirements of the Court.” She also added that she expected both sides to make progress on the remaining technical points of discussion by mid-November, when she is scheduled to visit the US. The European Commission is also planning on issuing an explanatory Communication on the consequences of the Schemes decision so that businesses and industry have ‘clear explanations and a uniform interpretation of the ruling.’ The European Commission are also working towards a pending deadline set by European data protection authorities who have said that if, by the end of January 2016, no appropriate solution is found with the U.S. authorities, they will take all necessary and appropriate steps (including enforcement action) to enable data transfers to the U.S. that respect fundamental rights.

The European Commission’s press release can be found here.

Breaches Update – July 2015

Jul 15 2015

by Jim Bulling and Julia Baldi

U.S. Office of Personal Management (OPM)
The U.S. government has confirmed a second cyber attack on the OPM database. Hackers are confirmed to have stolen the personal information in relation to former, current and prospective federal government employees effecting at least 21.5-mllion people (almost 7% of the entire U.S. population).

See the ABC report here, CNN report here and Guardian report here.

OPM’s website, sets out how person’s may have been affected by the breach and what OPM is doing to assist those affected. OPM has sent notifications to those affected by the incident and is offering free identity theft monitoring and restoration services including identity theft insurance and credit monitoring.

OPM has also outlined a cybersecurity action report, available here.

Breaches Update – June 2015

Jun 20 2015

by Jim Bulling and Julia Baldi

U.S. Office of Personal Management Breach
The U.S.Government’s Office of Personal Management announced that its database has been subject to a cybersecurity breach. Hackers stole data relating to federal government employees dating back three decades and may effect more than four million people.

See the ABC report here and Forbes report here.

The OPM is offering affected individuals credit monitoring services and identity theft insurance. See the OPM announcement here.

Breaches Update – May 2015

May 01 2015

by Jim Bulling and Julia Baldi

Pacnet
Pacnet, a subsidiary acquired by Telstra in April 2015, was hit by a major data breach affecting thousands of customers including The Australian Federal Police and government agencies. The breach occurred two weeks before the deal to acquire Pacnet by Telstra was finalised but was not disclosed to Telstra. Telstra is reportedly considering its legal options in respect of both the breach and the non-disclosure by the vendors.

See the Sydney Morning Herald article here.

Airline Computer Hacking
The FBI has alleged that a cybersecurity researcher had hacked into airline computers 15-20 times causing aircrafts to climb against pilot instructions.

See the report here.

Tag:United States