FTC Settlement with Zoom Concerning Alleged Data-Security Lapses

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On November 9, 2020, the United States Federal Trade Commission (FTC) announced that it had entered into a consent agreement, subject to final approval, with videoconferencing company Zoom Video Communications, Inc. (Zoom). The consent agreement settles allegations that Zoom engaged in a series of deceptive and unfair practices that undermined the security of its users. The Commission voted 3–2 to accept the settlement, with Commissioners Chopra and Slaughter voting no and issuing dissenting statements asserting that the FTC’s action did not go far enough.

While the FTC generally does not identify what triggers a law enforcement action, there have been many news articles and a number of class actions filed in connection with Zoom’s data-security practices over the past six months that likely led to this action.

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But Wait, There Really Is More: California AG Releases New Proposed Modifications to the Final CCPA Regulations

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Throwing covered businesses a bit of a curveball, the California attorney general issued a third set of proposed changes to the formerly assumed “final” CCPA implementing regulations. Fortunately for those overseeing CCPA compliance, the revisions are largely clarifications of the existing regulations rather than fundamental changes. Interested stakeholders have until 5:00 p.m. Pacific Time on Wednesday, October 28, to submit comments.

For the full alert, visit the Faegre Drinker website.

Faegre Drinker on Law and Technology Podcast: The Internet of Things

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In the latest episode of the Faegre Drinker on Law and Technology Podcast, Faegre Drinker Counsel Jason G. Weiss and Partner Laura Phillips discuss the growth and evolution of the Internet of Things (IoT). In particular, they dive into the countless devices and use cases that make up the IoT universe, the regulatory issues that accompany commercial applications of IoT technology in the U.S., and the challenges of navigating the patchwork, ad hoc policies and regulations that currently govern this emerging space.

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It’s Finally Final… But Wait, There’s More: Fall 2020 California Privacy Update

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Businesses nationwide finally have clarity on their compliance obligations under the California Consumer Privacy Act (CCPA), as the landmark privacy law’s implementing regulations were finalized in August after a few last changes worth noting, and the Governor just signed two important CCPA amendments. With enforcement underway, business leaders should continue to focus on compliance — while also monitoring the progress of the California Privacy Rights and Enforcement Act, a 2020 ballot initiative that could soon become the next sweeping privacy law.

For the full alert, visit the Faegre Drinker website.

Faegre Drinker on Law and Technology Podcast: Tritura, QuarterJack and Artificial Intelligence

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In the inaugural episode of the Faegre Drinker on Law and Technology Podcast, Faegre Drinker Counsel Jason G. Weiss and Chief Data Scientist Bennett Borden discuss how data analytics can be an asset in various legal issues. In particular, they explain how Faegre Drinker’s data science subsidiary Tritura — and its new artificial intelligence engine, QuarterJack — can unlock efficiencies in legal services.

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Disruption IV: The New Threat Disruptionware Poses to the American Energy Sector

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Over the past few months, I have written about the threat first identified by the Institute for Critical Infrastructure Technology (ICIT) called disruptionware. We have previously described what disruptionware is, how it works, and outlined some of the defenses that can be used to defend against a multitude of disruptionware attacks. Many may have thought the immediate notifications of the threat posed by this new concept of disruptionware had been adequately made public and sufficiently identified. Unfortunately, disruptionware continues to impact new sectors.

According to ICIT, disruptionware is an evolving category of malware designed to “suspend operations within the victim organization through the compromise of the availability, integrity and confidentiality of the data, systems, and networks belonging to the target.” Recently, ICIT identified a new threat from disruptionware that will likely have a seriously adverse effect on the American energy sector. ICIT goes so far as to refer to disruptionware in the context of an attack on the U.S. energy grid as a “weapon of mass destruction.”

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