MVALaw Blogs

The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data

By Tandy Mathis On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States law enforcement to access the data stored abroad for U.S. citizens and will … Continue reading

North Carolina Security Breach Report 2017

By Nathan White According to the recently released North Carolina Attorney General Security Breach Report, nearly 5,337,154 North Carolinians were impacted by security breaches in 2017.  The Report highlights several trends data protection specialists and North Carolina businesses should take into consideration. The report breaks down 1,022 data breaches occurring in North Carolina during calendar … Continue reading

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

By Nathan A. White Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters?  According to a federal court ruling, the answer  — Yes, but let’s slow this train down a little bit.  On Thursday, August 24, 2017, District … Continue reading

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D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

By Bill Butler Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen.  In reversing the district court’s dismissal of the class action, the D.C. Circuit held that the … Continue reading

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The FTC’s Public Comment on the NTIA’s Draft Coordinated Vulnerability Disclosure Template Reflects Further Support for the NIST’s Cybersecurity Framework

By Bill Butler In August 2016, the Federal Trade Commission (“FTC”) addressed the effect of the Cybersecurity Framework (“NIST Framework”) issued by the National Institute of Standards and Technology on FTC enforcement actions under Section 5 of the FTC Act.  While there have been few enforcement actions to gauge the actual impact of the NIST … Continue reading

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Your Uber Driver Might Not Be the Only One Who Knows Where You Were Picked Up and Dropped Off….

By Tandy Mathis, Elena Mitchell, and Mindy Vervais   Did you know that if you’ve taken a New York City taxi since 2009, your pick-up and drop-off locations were recorded and published (through June of 2016) on the internet for anyone to find? Now, New York City officials want ride-sharing companies like Uber and Lyft to start … Continue reading

Live Streaming: The Privacy Concerns of Behind-the-Scenes Access

By Leslie Pedernales A professional football team clinches their playoff spot in an upset game, then hits the locker room for a celebration and an inspirational pep talk from their winning coach.  The perfect application for livestreaming, one might think.  Opening a window into this mysterious world for all the rest of us to see and … Continue reading

Political Speech in the Workplace

By Leslie Pedernales The upcoming presidential election between two larger-than-life characters, each capable of stirring intense emotional reactions from both sides, is sure to produce some spirited debate around the water cooler this fall.  Many employees mistakenly assume that their expression of political speech (including nonverbal expression such as buttons or signs) is protected by … Continue reading