Discerning Data

OMB Releases Report on Federal Cybersecurity Risk

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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Dissecting SCOTUS’ Ruling in Carpenter

In Carpenter v. United States, the U.S. Supreme Court recently held that the Fourth Amendment requires the government to get a search warrant to obtain Cell-Site Location Information (CSLI) from wireless carriers. CSLI reveals the location of a cell phone based upon the cell towers that the cell phone is using to obtain a signal. Carpenter marks an important and noteworthy change of course in Fourth Amendment jurisprudence.

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

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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$4 Million Judgment Awarded to Office for Civil Rights for HIPAA Violation

A U.S. Department of Health and Human Services (HHS) Administrative Law Judge (ALJ) has ruled that the University of Texas MD Anderson Cancer Center violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in its failure to encrypt its electronic devices and ordered MD Anderson to pay $4,348,000 in civil monetary penalties to the Office for Civil Rights (OCR). This is the second summary judgment ordered in favor of the OCR in its history, and the fourth largest amount recovered by OCR for HIPAA violations.

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FTC Gives Final Approval to PayPal Settlement Related to Allegations Involving its Venmo Payment Service

The FTC gave final approval to the Venmo/PayPal settlement resolving alleged violations of Section 5 of the FTC Act and the Gramm-Leach-Bliley Act’s Privacy and Safeguards Rules. As described in a previous blog post, the FTC alleged that Venmo made a variety of misrepresentations to consumers with respect to the availability of funds, the ability of consumers to control the privacy of their transactions, and its data security practices. Continue reading “FTC Gives Final Approval to PayPal Settlement Related to Allegations Involving its Venmo Payment Service”

Stay In Touch! Email Marketing After the GDPR

Part I: Untangling the GDPR and the e-Privacy Directive

This is the first post in a four part series on GDPR and email marketing.

Your email in-box has probably finally recovered from the wave of GDPR opt-in requests and notices that peaked around May 25th. But, if you’ve followed the privacy press or the statements from EU regulators, you’re probably left wondering what it was all for. Many statements made in news stories (both in the U.S. and the EU) and by commentators have claimed that the GDPR means no one can send marketing emails any more without your permission. But, other stories suggest that the opt-in emails and privacy notices were unnecessary or, even, inappropriate. Who’s right? And what email marketing is allowed now?

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