Monthly Archives: August 2011
Massachusetts Attorney General Enforcement Action: Data Breach, the Massachusetts Privacy Regulation and the Payment Card Industry Data Security Standard (PCI DSS)
Melissa J. Krasnow, Dorsey & Whitney LLP In March 2011, a Final Judgment by Consent was issued in Massachusetts v. Briar Group, LLC, which involves a 2009 Massachusetts data breach and implicates the Massachusetts privacy regulation and the Payment Card Industry Data Security Standard (“PCI DSS”).1 The Massachusetts privacy regulation applies to a person or entity that owns or licenses personal information about a Massachusetts resident, meaning their first and last name or first initial and last name in combination with a (i) Social Security Number, (ii) driver’s license or state‐issued identification card number or (iii) financial account number or … [ Continue reading ]
Can a Labor Union Be Sued Under the Computer Fraud and Abuse Act for Spamming an Employer’s Voice and Email Systems?
The answer is yes. The Sixth Circuit Court of Appeals last week reversed a district court and reinstated a Computer Fraud and Abuse Act (“CFAA”) claim brought by an employer against a labor union for “bombarding” the computer systems of its sales and executive offices with emails and voicemails making it impossible for the company to communicate with its customers and vendors. Pulte Homes, Inc v. Laborers’ International Union of North America, 2011 WL 3274014 (6th Cir. Aug 2, 2011). This case is a good example of how the federal Circuit Courts of Appeal are taking control of the interpretation … [ Continue reading ]