Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as, “This website uses cookies. By clicking ‘accept,’ you consent to the use of all cookies.” Many states require companies to provide
Online and On Point
A Resource for Privacy Developments and Cybersecurity Risks in an Era of Evolving Technology
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The False Claims Act in the Age of Digital Privacy
Bradley’s Government Enforcement and Investigations team keeps a close eye on the different ways the government is using the False Claims Act (FCA) to seek redress for cybersecurity deficiencies and force companies into a new technological era. Check out this blog post by Brad Robertson and Cara Rice, two members of Bradley’s Government Enforcement…
Ransomware Reckoning – The New Bill Changes the Game
The Intelligence Authorization Act for Fiscal Year 2025 (S.4443) is a bold legislative step in addressing ransomware as a critical threat. The act’s provisions, from elevating ransomware to a national intelligence priority to establishing an AI Security Center, illustrate the U.S.’s comprehensive approach to tackling this complex issue. The act sets the stage for a…
Phishing Subpoenas – A New Privacy Threat?
Privacy issues are inherent in almost all facets of a business — from operations, employment, and technology to customer service, contracts, legal and compliance — all with varying degrees of risk. Most companies mitigate risk by standardizing processes and procedures to handle certain common or low-risk situations. This is helpful in streamlining repetitive inquiries that…
Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II
In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data Protection Board (EDPB), and how those findings may affect future models where privacy is considered “for sale.”
The European Commission’s Findings…
Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications – PART I
In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory concerns about Meta’s vast data collection and surveillance-based advertising system that tracks consumers across websites. The concept introduced a…
Balancing Act: Industry Concerns Over CISA’s Proposed Cyber Incident Reporting Rule
As discussed in our previous blog post, the Cybersecurity and Infrastructure Security Agency (CISA) is proposing a significant new rule to bolster the nation’s cyber defenses through mandatory incident reporting. While designed to enhance CISA’s ability to monitor and respond to cyber threats, the rule has ignited a contentious debate. The concerns raised highlight…
Mandatory Cybersecurity Incident Reporting: The Dawn of a New Era for Businesses
A significant shift in cybersecurity compliance is on the horizon, and businesses need to prepare. Starting in 2024, organizations will face new requirements to report cybersecurity incidents and ransomware payments to the federal government. This change stems from the U.S. Department of Homeland Security’s (DHS) Cybersecurity Infrastructure and Security Agency (CISA) issuing a Notice of…
FTC Bureau of Consumer Protection Remarks Compare Lessons Learned from Consumer Credit as a Model for Regulating Privacy
In the middle of the 20th century, there was a massive expansion of the retail credit market. Everything from boats to sewing machines to kitchen appliances were bought and sold through increasingly complex credit arrangements. These credit arrangements would extinguish a consumer’s rights to dispute any terms of the contract once a loan was assigned,…
Rise in Healthcare Data Breaches & the Impact for Healthcare Providers in 2024
The healthcare sector is increasingly facing cyber-threats with ransomware and hacking at the forefront. In the last five years, there has been a staggering 256% rise in significant hacking-related breaches and a 264% surge in ransomware incidents reported to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR). Hacking alone…