Responding to Security Breaches

Security breaches remain big news, virtually every day. Executives and managers understand it is a question of “when,” not “if,” their companies will be targeted. Companies in all industries, as well as a host of other organizations, are affected. Hackers are engaged in ever more brazen schemes to gather personal and proprietary information for a variety of motives.

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A Gaping Hole in Consumer Privacy Protection Law

Recently, the U.S. Court of Appeals for the 9th Circuit issued a decision with profound implications for consumer privacy protection law. In FTC v. AT&T Mobility (9th Cir. Aug. 29, 2016), a 3-judge panel of the 9th Circuit held that the Federal Trade Commission (FTC) lacks jurisdiction over companies that engage in common carrier activity. The result is that there is now a gaping hole in consumer privacy protection law.

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