Archives: Cybercrime

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Does Clapper Silence Data Breach Litigation? A Two-Year Retrospective

This February 26, 2015, marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA,[1] which required plaintiffs to allege that a threatened injury is “certainly impending” in order to constitute an injury-in-fact sufficient to convey Article III standing. In this time, federal district courts in at least twelve data … Continue Reading

Information Security Strategy: A Lesson from the Target Breach

Over the past few weeks, new revelations have provided greater insight into the breach of Target Corp. over the holiday shopping season.  Notable among the recent news is the assertion that the cybercriminals behind the Target breach initiated their infiltration through HVAC vendor Fazio Mechanical (  It is believed that the cybercriminals staged a phishing … Continue Reading

Survey: Medical ID Theft Now Fastest Growing Fraud

Medical and healthcare-related security and privacy concerns have been front page news in 2013, especially with recent launches of federal and state medical healthcare exchanges and changes stemming from the “HIPAA Omnibus Final Rule” enacted early this year that went into effect as of September 23rd.  In a timely and notable report, the Ponemon Institute … Continue Reading

South Carolina Supreme Court Splits with the Ninth Circuit Regarding Stored Communications Act Protections for Webmail

The Supreme Court of South Carolina recently ruled that the federal Stored Communications Act (“SCA”) provides no cause of action against a hacker who accessed a user’s webmail without authorization, creating a split with the Ninth Circuit’s 2004 case, Theofel v. Farey-Jones.  See Jennings v. Jennings, No. 27177, 2012 WL 4808545 (S.C. Oct. 12, 2012). In … Continue Reading

2 Million Online Fraud Complaints – And Growing…

A recently released IC3 fraud advisory for businesses, entitled "Corporate Account Take Overs," addresses the growing problem of criminals targeting small- to medium-sized businesses (SMB's), local municipalities and school districts for bank account takeovers. The take overs culminate in costly and potentially ruinous "cyberthefts" where accounts are subject to a series of wire transfers or ACH payments that empty part or all of the account's funds to overseas banks. … Continue Reading

Social Networking: Setting Boundaries in a Borderless Brave New World

Social networking entails some risks and responsibilities. It may implicate privacy and labor law, confidentiality and nondisclosure agreements, advertising regulations, defamation, and other legal regimes, across borders in a global medium. Users, and their employers, need to be aware of these risks and responsibilities in deciding how to make best use of social media. … Continue Reading