Six cybersecurity lessons of 2014, Daily Journal

By Hsiao C. (Mark) Mao, Esq., Christopher Nucifora, Esq., and Edward P. Abbott, Esq.
(December 26, 2014)

Cybersecurity’s legal framework continued to evolve in 2014, as government agencies expanded their reach, California continued to pioneer the movement towards greater cybersecurity requirements, and the U.S. Supreme Court’s opinion on standing in data breach litigations continued to be applied. There are six important lessons from this year, which demonstrate that a holistic approach to cybersecurity is crucial.

What are “Unfair” Practices?

In FTC v. Wyndham Worldwide Corp., 13-1887 (D.N.J. April 7, 2014), the Federal Trade Commission argue its powers under Section 5 of the FTC Act were broad enough curb “unfair” data security practices. The district court agreed despite a motion to dismiss by Wyndham, in which it argued not only that…