• 09 2019 May

    Washington Strengthens Breach Notification Law

    On May 7, 2019, Governor Jay Inslee signed a bill (HB 1071) that strengthens the state’s existing data breach notification law by expanding the definition of “personal information” and reducing the time an entity has to...

    Read More →

Recent Posts

On September 7, 2010, the Third Circuit Court of Appeals issued an opinion in a narcotics case containing two key holdings regarding the standard by which the government can access records of historical cell site location information (“CSLI”).  The first holding was unsurprising. The Third Circuit held that under the Electronic Communications Privacy Act, 18...

Read More →

Last Friday, September 3, 2010, Plaintiffs and Class Counsel moved for preliminary approval of the settlement agreement in the In Re Google Buzz User Privacy Litigation.  The class action suit, filed in the Northern District of California, was spurred by Google’s launch of its social network, “Google Buzz” on February 9, 2010.  Plaintiffs alleged that...

Read More →

On August 18, 2010, the Connecticut Department of Insurance released a bulletin to its regulated entities imposing a new requirement for those entities to notify the Commissioner’s office in writing “as soon as the incident is identified, but not later than five (5) calendar days after the incident is identified.” While Connecticut has had a...

Read More →
no image

Congress Acts to Reduce Libel Tourism

Aug 11, 2010 by ZwillGen

President Obama signed HR 2765 into law today, providing defendants with a new arsenal of defenses against the enforcement of foreign libel judgments obtained in jurisdictions with much less stringent libel laws than those in the United States.  The law renders libel judgments inconsistent with the First Amendment or limits placed on personal jurisdiction under...

Read More →
no image

Marc Zwillinger On The WikiLeak

Aug 9, 2010 by ZwillGen

In a recent Associated Press article, “Plugging the WikiLeak: What can the government do?” Marc Zwillinger explains why the government may be unable to prevent Julian Assange, an Australian citizen living abroad, from posting classified Pentagon and State Department documents on the Internet....

Read More →

HHS announced last week that it was withdrawing a proposed Final Rule on Breach Notification for Unsecured Protected Health Information from Office of Management and Budget (“OMB”) review “to allow for further consideration.” While the agency did not specify why the rule was withdrawn from OMB review, there is some speculation that HHS may be...

Read More →

Today in the Washington Post, Marc Zwillinger explains how the proposed addition of electronic communication transaction records to the list of items law enforcement can seek with a national security letter could open a significant amount of Internet activity to government surveillance without judicial authorization, including Web 2.0 and social media.  The article, “White House Proposal Would Ease FBI...

Read More →
no image

House, Senate hold Hearings on Online Privacy

Jul 28, 2010 by Lisa Branco

Committee hearings on online privacy are being held in both the House and Senate this week.  On Tuesday, the Senate Commerce Committee held a hearing on Consumer Online Privacy at which the committee heard testimony from the chairs of the FTC and FCC, as well as representatives from Facebook, Google, AT&T, and Apple.  (Archived hearing...

Read More →

It is likely that sometime in the next few weeks craigslist will be filing a writ petition in the First Appellate District Court of Appeal for the State of California in Scott P. v. craigslist, Inc., Foster Dairy Farms, et al., No. CGC-10-496687 (Hon. Peter Busch), asking the Court of Appeal to reverse a recent...

Read More →

On July 8, 2010, HHS released a Notice of Proposed Rulemaking (“NPRM”) which includes proposed changes to Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Enforcement Rules to implement statutory changes in the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”).   If implemented, the proposed changes would: Expand...

Read More →