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Articles by Elfin Noce
A Wake-Up Call For Data Privacy In The Telecom Sector
The FCC continues to take a more active role in privacy with its enforcement of the customer propriety network information ("CPNI") regulations. Recently, the FCC released Forfeiture Orders against the three largest mobile network operators for failing to safeguard CPNI. As we wrote about in our sister blog, violating FCC CPNI rules came with the cost of $57.3 million, $46.9 million, $12.2 million, and $80.1 million in fines to AT&T, Verizon, Sprint, and T-Mobile respectively.
A Wake-Up Call for Data Privacy in the Telecom Sector | JD Supra
The FCC continues to take a more active role in privacy with its enforcement of the customer propriety network information (“CPNI”) regulations. Recently, the FCC released Forfeiture Orders against the three largest mobile network operators for failing to safeguard CPNI. As we wrote about in our sister blog, violating FCC CPNI rules came with the cost of $57.3 million, $46.9 million, $12.2 million, and $80.1 million in fines to AT&T, Verizon, Sprint, and T-Mobile respectively.
FCC Releases Forfeiture Orders Against Largest Mobile Providers
The FCC continues to take a more active role in privacy with its enforcement of the customer propriety network information (“CPNI”) regulations. Recently, the FCC released Forfeiture Orders against the three largest mobile network operators for failing to safeguard CPNI. As we wrote about in our sister blog, violating FCC CPNI rules came with the cost of $57.3 million, $46.9 million, $12.2 million, and $80.1 million in fines to AT&T, Verizon, Sprint, and T-Mobile respectively.
HIPAA Web Tracking Guidance Vacated
This week, in a significant win for the American Hospital Association plaintiff, the U.S. District Court for the Northern District of Texas issued an opinion vacating the Department of Health and Human Services' ("HHS") guidance on the use of online tracking technologies under HIPAA.
HIPAA Web Tracking Guidance Vacated | JD Supra
Last week, in a significant win for the American Hospital Association plaintiff, the U.S. District Court for the Northern District of Texas issued an opinion vacating the Department of Health and Human Services’ (“HHS”) guidance on the use of online tracking technologies under HIPAA.
HHS’ HIPAA Tracking Guidance Vacated
This week, in a significant win for the American Hospital Association plaintiff, the U.S. District Court for the Northern District of Texas issued an opinion vacating the Department of Health and Human Services’ (“HHS”) guidance on the use of online tracking technologies under HIPAA.
Dialing Up Accountability: FCC's Warning Shot To Mobile Network Operators On CPNI
Key Takeaways: The Federal Communications Commission ("FCC") sent a resounding message to the telecommunications industry: the era of lax CPNI enforcement is over. Mobile network operators (MNOs), mobile virtual network operators, Internet Service Providers, and Voice-Over-IP providers, and other operators subject to the FCC's CPNI rules should be aware of the FCC's expansive view on the kinds of data subject to the CPNI rules.
Dialing Up Accountability: FCC’s Warning Shot to Mobile Network Operators on CPNI | JD Supra
Key Takeaways: The Federal Communications Commission (“FCC”) sent a loud message to the telecommunications industry: the era of lax CPNI compliance is over. Mobile network operators (MNOs), mobile virtual network operators, Internet Service Providers, and Voice-Over-IP providers, and other operators subject to the FCC’s CPNI rules should be aware of the FCC’s expansive view as to the kinds of data subject to the CPNI rules.
Shutting Down The Cell Phone Scammers: The FCC Adopts Rules To Crack Down On Fraudulent Practices Against Wireless Phone Users
On November 16, 2023, the Federal Communications Commission ("FCC") released a Report & Order ("Order") and Further Notice of Proposed Rulemaking ("FNPRM"), adopting measures to address two techniques bad actors frequently use to access victims' cell phone accounts: (1) SIM swapping and (2) port-out fraud.
Shutting Down the Cell Phone Scammers: The FCC Adopts Rules to Crack Down on Fraudulent Practices against Wireless Phone Users | JD Supra
On November 16, 2023, the Federal Communications Commission (“FCC”) released a Report & Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”), adopting measures to address two techniques bad actors frequently use to access victims’ cell phone accounts: (1) SIM swapping and (2) port-out fraud.
Caught In The Web: Hospital Associations Sue OCR On Third-Party Web Tracking Guidance
On November 2, 2023, the American Hospital Association and Texas Hospital Association, in conjunction with the Texas Health Resources and United Regional Health Care System, filed suit against the Secretary of the Department of Health and Human Services ("HHS") and the Director of the HHS Office for Civil Rights ("OCR") regarding OCR's guidance on the use of online tracking technologies by HIPAA entities.1 This action and its results will impact how healthcare entities must protect and may...
Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance | JD Supra
On November 2, 2023, the American Hospital Association and Texas Hospital Association, in conjunction with the Texas Health Resources and United Regional Health Care System, filed suit against the Secretary of the Department of Health and Human Services (“HHS”) and the Director of the HHS Office for Civil Rights (“OCR”) regarding OCR’s guidance on the use of online tracking technologies by HIPAA entities.[i] This action and its results will impact how healthcare entities must protect and may...
Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance
On November 2, 2023, the American Hospital Association and Texas Hospital Association, in conjunction with the Texas Health Resources and United Regional Health Care System, filed suit against the Secretary of the Department of Health and Human Services (“HHS”) and the Director of the HHS Office for Civil Rights (“OCR”) regarding OCR’s guidance on the use of online tracking technologies by HIPAA entities.[i] This action and its results will impact how healthcare entities must protect and may...
ALERT: The FCC Fines Companies $20 Million for Failing to Safeguard Customer Proprietary Network Information
Thursday, August 31, 2023 Recently, the FCC reminded telecom providers that the cost of failing to protect their customers’ privacy is steep. In a July 28, 2023 Notice of Apparent Liability for Forfeiture, the Federal Communications Commission fined Q Link Wireless LLC and Hello Mobile Telecom LLC, an affiliate of Q Link, $20 million for impermissibly relying upon readily available biographical information and account information to authenticate online customers.[1] Background.
Don't Forget Deception: FTC And Biometrics
Listen to this post With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general privacy and data security concerns. Concerns as most know, it enforces under Section 5 of the FTC Act (which prohibits deception and unfairness).
Don’t Forget Deception: FTC and Biometrics | JD Supra
With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general privacy and data security concerns. Concerns as most know, it enforces under Section 5 of the FTC Act (which prohibits deception and unfairness). The FTC recognized that there may be an uptick in companies desire to collect biometrics through machine learning.
Don’t Forget Deception: FTC and Biometrics
With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general privacy and data security concerns. Concerns as most know, it enforces under Section 5 of the FTC Act (which prohibits deception and unfairness). The FTC recognized that there may be an uptick in companies desire to collect biometrics through machine learning.
Don’t Forget Deception: FTC and Biometrics
With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general privacy and data security concerns. Concerns as most know, it enforces under Section 5 of the FTC Act (which prohibits deception and unfairness). The FTC recognized that there may be an uptick in companies desire to collect biometrics through machine learning.
EyeMed Data Breach Multistate Settlement
Listen to this post EyeMed recently entered into a settlement with the Attorneys General of Oregon, New Jersey, Florida and Pennsylvania around a 2020 breach of an EyeMed email account that contained the data of more than 2 million individuals. As we previously reported, EyeMed entered into settlement with NYDFS over this breach in October of 2022.
EyeMed Data Breach Multistate Settlement
EyeMed recently entered into a settlement with the Attorneys General of Oregon, New Jersey, Florida and Pennsylvania around a 2020 breach of an EyeMed email account that contained the data of more than 2 million individuals. As we previously reported, EyeMed entered into settlement with NYDFS over this breach in October of 2022.
EyeMed Data Breach Multistate Settlement
EyeMed recently entered into a settlement with the Attorneys General of Oregon, New Jersey, Florida and Pennsylvania around a 2020 breach of an EyeMed email account that contained the data of more than 2 million individuals. As we previously reported, EyeMed entered into settlement with NYDFS over this breach in October of 2022.
White House Releases Guidance on AI | JD Supra
The White House recently released its Blueprint for an AI Bill of Rights in an effort to guide the discussion on the design, use and deployment of AI in systems that impact the American public. The Blueprint outlines the following five guiding principles: Safe and Effective Systems: Systems should be developed and monitored to ensure they are safe and effective. This should include independent evaluation and reporting.
White House Releases Blueprint for an AI Bill of Rights
Thursday, November 10, 2022 The White House recently released its Blueprint for an AI Bill of Rights in an effort to guide the discussion on the design, use and deployment of AI in systems that impact the American public. The Blueprint outlines the following five guiding principles: Safe and Effective Systems: Systems should be developed and monitored to ensure they are safe and effective. This should include independent evaluation and reporting.
White House Releases Guidance on AI
The White House recently released its Blueprint for an AI Bill of Rights in an effort to guide the discussion on the design, use and deployment of AI in systems that impact the American public. The Blueprint outlines the following five guiding principles: Safe and Effective Systems: Systems should be developed and monitored to ensure they are safe and effective. This should include independent evaluation and reporting.
NYDFS’s $4.5 Million EyeMed Cyber Settlement Reminder To Industry | JD Supra
In a recent settlement with the New York Department of Financial Services, EyeMed Vision Care LLC agreed to pay a $4.5 million penalty and undertake remedial measures to increase its cybersecurity. This includes undertaking an action plan based on a comprehensive risk assessment, subject to the review and approval of NYFSD. The case stemmed from an October 2020 incident. At that time, a threat actor gained access to an EyeMed email account used by nine employees through a likely phishing attack.
NYDFS’s $4.5 Million EyeMed Cyber Settlement Reminder To Industry
Tuesday, November 1, 2022 In a recent settlement with the New York Department of Financial Services, EyeMed Vision Care LLC agreed to pay a $4.5 million penalty and undertake remedial measures to increase its cybersecurity. This includes undertaking an action plan based on a comprehensive risk assessment, subject to the review and approval of NYFSD. The case stemmed from an October 2020 incident.
NYDFS’s $4.5 Million EyeMed Cyber Settlement Reminder To Industry
In a recent settlement with the New York Department of Financial Services, EyeMed Vision Care LLC agreed to pay a $4.5 million penalty and undertake remedial measures to increase its cybersecurity. This includes undertaking an action plan based on a comprehensive risk assessment, subject to the review and approval of NYFSD. The case stemmed from an October 2020 incident. At that time, a threat actor gained access to an EyeMed email account used by nine employees through a likely phishing attack.
Implications Of SEC's Scrutiny Of Data Use Representations
United States: Implications Of SEC's Scrutiny Of Data Use Representations 18 November 2021 by Liisa M. Thomas , Kari M. Rollins , Sarah Aberg and Elfin L. Noce Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The SEC's enforcement action with a leading seller of market data (App Annie Inc.) signals its concern with misleading data use representations.
Implications of SEC’s Scrutiny of Data Use Representations | JD Supra
The SEC’s enforcement action with a leading seller of market data (App Annie Inc.) signals its concern with misleading data use representations. While the data at issue was not “personally identifiable” information, but instead corporate confidential information, the SEC’s concerns mirrored those that we have previously seen from that agency, as well as others, regarding representations made about personal information.
U.S. Department of the Treasury Announces Partnership with Israel to Combat Ransomware
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Implications of SEC’s Scrutiny of Data Use Representations
The SEC’s enforcement action with a leading seller of market data (App Annie Inc.) signals its concern with misleading data use representations. While the data at issue was not “personally identifiable” information, but instead corporate confidential information, the SEC’s concerns mirrored those that we have previously seen from that agency, as well as others, regarding representations made about personal information.
Written Cybersecurity Programs Required for Connecticut Businesses
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
NYDFS Issues Supply Chain Management Guidance
United States: NYDFS Issues Supply Chain Management Guidance 31 May 2021 by Liisa M. Thomas , Kari M. Rollins and Elfin L. Noce Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. NYDFS Issues Supply Chain Management Guidance The New York State Department of Financial Services recently issued recommendations to financial institutions in the aftermath of the SolarWinds cyberattack.
NYDFS Issues Supply Chain Management Guidance | JD Supra
The New York State Department of Financial Services recently issued recommendations to financial institutions in the aftermath of the SolarWinds cyberattack. In that attack, hackers inserted malware into SolarWinds software which was then distributed to SolarWinds’ customers (many of which were financial institutions). After discovery, SolarWinds released a series of hot fixes to address vulnerabilities in their software associated with the attack.
NYDFS Issues Supply Chain Management Guidance
NYDFS Issues Supply Chain Management Guidance The New York State Department of Financial Services recently issued recommendations to financial institutions in the aftermath of the SolarWinds cyberattack. In that attack, hackers inserted malware into SolarWinds software which was then distributed to SolarWinds’ customers (many of which were financial institutions). After discovery, SolarWinds released a series of hot fixes to address vulnerabilities in their software associated with the attack.
What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year? | JD Supra
Will HHS’ approach for imposing penalties in the aftermath of a data breach become a little clearer in 2021? This is a distinct possibility in the wake of a Fifth Circuit decision vacating penalties against MD Anderson Cancer Center. The hospital suffered three data breaches, leading HHS to impose over $4 million in civil penalties. That fine was reversed recently by the Fifth Circuit as arbitrary, capricious, and contrary to law.
What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year?
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
FTC Settles Over Alleged Failure to Manage Service Providers | JD Supra
The FTC recently settled with Ascension Data & Analytics for failure to oversee service providers. Ascension provides services to mortgage companies within its corporate family of entities. According to the complaint, Ascension uses third parties to provide some of its services. One of those, OpticsML, had access to tax returns for approximately 60,000 customers. OpticsML stored the information on a cloud-based server which server was publicly accessible for a year.
FTC Settles Over Alleged Failure To Manage Service Providers
United States: FTC Settles Over Alleged Failure To Manage Service Providers 08 January 2021 by Elfin L. Noce and Liisa Thomas Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The FTC recently settled with Ascension Data & Analytics for failure to oversee service providers. Ascension provides services to mortgage companies within its corporate family of entities.
FTC Ascension Settlement Over Failure to Manage Service Providers
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
FTC Settles Over Alleged Failure to Manage Service Providers
The FTC recently settled with Ascension Data & Analytics for failure to oversee service providers. Ascension provides services to mortgage companies within its corporate family of entities. According to the complaint, Ascension uses third parties to provide some of its services. One of those, OpticsML, had access to tax returns for approximately 60,000 customers. OpticsML stored the information on a cloud-based server which server was publicly accessible for a year.
FTC Settles With Travel Services Provider Over Security Issues
United States: FTC Settles With Travel Services Provider Over Security Issues 30 December 2020 by Liisa M. Thomas and Elfin L. Noce Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Alleging unfair and deceptive practices in violation of the FTC Act, the FTC recently entered into a settlement agreement with SkyMed International, Inc.
FTC Settles with Travel Services Provider Over Security Issues
Alleging unfair and deceptive practices in violation of the FTC Act, the FTC recently entered into a settlement agreement with SkyMed International, Inc. The company sells travel emergency plans to individuals who sustain medical emergencies or injuries while traveling internationally, and has signed up -according to the FTC- thousands of consumers. During the sign-up process individuals provided the company with sensitive health information.
IoT Legislation Passes Congress
United States: IoT Legislation Passes Congress 02 December 2020 by Jonathan E. Meyer , Townsend Bourne and Elfin L. Noce Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
IoT Legislation Passes Congress | JD Supra
Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently passed the Senate and is heading to the President’s desk. We have been following this legislation closely for the past two years, here and here. The bill passed in the Senate without amendment by unanimous consent.
IoT Legislation Passes Congress
Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently passed the Senate and is heading to the President’s desk. We have been following this legislation closely for the past two years, here and here. The bill passed in the Senate without amendment by unanimous consent.
NIST Finalizes Guidance On Security And Privacy Control Baselines – SP 800-53B - Privacy - United States
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NIST Finalizes Guidance on Security and Privacy Control Baselines – SP 800-53B | JD Supra
NIST has now finalized its guidance providing important information on selecting both security and privacy control baselines for the Federal Government. The guidance is available here: Special Publication 800-53B, Control Baselines for Information Systems and Organizations.
NIST Finalizes Guidance on Security and Privacy Control Baselines – SP 800-53B
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
NIST Finalizes Guidance on Security and Privacy Control Baselines – SP 800-53B | LexBlog
NIST has now finalized its guidance providing important information on selecting both security and privacy control baselines for the Federal Government. The guidance is available here: Special Publication 800-53B, Control Baselines for Information Systems and Organizations.
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