OMB Releases Report on Federal Cybersecurity Risk

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This is the first post in a DBR on Data series on Executive Order 13800 and updates on its implementation a year after passage.

The White House Office of Management and Budget (OMB) released in May 2018 its report to the president on federal cybersecurity risk determination. The report, which responds to the President’s May 2017 Executive Order 13800, entitled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure,” comes as several key reports also required by Executive Order 13800 have been recently released in full or in summary form. The Federal Cybersecurity Risk Determination Report and Action Plan concludes that the recent government-wide cybersecurity risk assessment conducted by the OMB, in collaboration with the Department of Homeland Security (DHS), confirms the need for the U.S. government to take “bold approaches” to improve federal cybersecurity.

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FTC Staff Provides Recommendations to Consumer Product Safety Commission on IoT Safety

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In March 2018, the Consumer Product Safety Commission (CPSC) issued a Notice of Public Hearing and Request for Written comments on The Internet of Things on Consumer Product Hazards.  The CPSC expressed interest regarding existing safety standards on existing IoT devices, how to prevent hazards, and the role of government in the effort to promote IoT safety.

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FTC Warns Two Foreign-Based App Developers of Possible COPPA Violations

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The FTC staff recently sent two warning letters to Gator Group Co., Ltd., and Tinitell, Inc., which marketed mobile apps directed to children and appear to be violating the Children’s Online Privacy Protection Act (COPPA). The FTC warning letters were also sent to the Apple App Store and Google Play Store, which make the apps available to consumers.

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Mobile Phone Maker BLU Products Settles with FTC Resolving Allegations of Lax Data Security Practices

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Mobile phones are ubiquitous extensions of our personal and professional lives and few think deeply about the tangled webs of software and hardware providers that formulate components to mobile phone fabricators.  However, the Federal Trade Commission’s recent settlement with BLU Products represents an important reminder of the importance of appropriate vendor oversight in all phases of the manufacturing and sales process.

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Smart Uses of Data Analytics for In-House Counsel

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The effective use of data analytics is quickly changing the legal landscape and the practice of law for the better. This is a fast-changing area where today’s “use cases” will be quickly superseded by new and more powerful uses of these technologies. This post discusses key areas where in-house counsel may consider the use of data analytics either as a solely in-house measure or in connection with engagements with outside counsel.

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Head of DOJ Antitrust Division Addresses Implications of Data Privacy in the Era of Big Data

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Assistant Attorney General of the U.S. Department of Justice (DOJ), Antitrust Division, Makan Delrahim recently spoke at the University of Chicago’s Antitrust and Competition Conference and discussed how U.S. antitrust law should treat “big data.”  According to Delrahim, antitrust law is “flexible enough to address competition issues from emerging platforms,” including large tech companies like Google and Facebook that possess significant market share within their lines of business and simultaneously aggregate vast sums of personal data from consumers.

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