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The FCC’s “Restoration of Internet Freedom Order” Largely Survives on Appeal; But Net Neutrality is Not Dead Yet

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On October 1, the U.S. Court of Appeals for the D.C. Circuit released a long awaited decision in Mozilla Corporation v. FCC that largely upheld most aspects of the Federal Communications Commission’s 2018 “Restoring Internet Freedom Order”  While FCC Chairman Pai quickly claimed victory, the nearly 200 page decision was in several areas quite critical of the FCC’s process, as well as the agency’s reasoning or the lack of discussion or support in the record for several of the Order’s determinations. Although these defects were not sufficient for the Court to reverse the Order on review, the Court nevertheless agreed with petitioners on several issues, discussed below, and remanded them to the agency for additional consideration.

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How We Spent Our Summer Vacation or Summary of CCPA Amendments

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The long anticipated amendments to the CCPA were passed by the California Legislature in early September and now await Governor Newsom’s signature.  Some of the changes were “clean up” amendments to update cross references, standardize language, and generally address issues of drafting.  What follows is a summary of the most significant and substantive amendments:

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Failure to Respect Patient’s Right to Access Health Care Information Leads to HIPAA Settlement

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Bayfront Health – St. Petersburg (Bayfront) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) entered into a $85,000 no-fault settlement agreement and one year corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA). This settlement is the first case in HHS-OCR’s Right of Access Initiative (Initiative). The Initiative was open for public comment between December 2018 and February 2019 and received over 1,000 comments.

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Newly-Discovered Vulnerability Highlights the Security Concerns Surrounding Bluetooth Technology

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A recent report by researchers at the Helmholz Center for Information Security (CISPA), Singapore University of Technology and Design, and the University of Oxford has revealed that Bluetooth technology is vulnerable to a new type of hacking which allows for an attacker to carry out data theft on a Bluetooth-enabled device without the user’s knowledge or permission so long as the cyber-criminal is within Bluetooth range of the targeted device.

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NIST Unveils IoT Baseline of Core Cybersecurity Features for Comment

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In a release aptly labeled “A Starting Point for IoT Device Manufacturers” the National Institute of Standards and Technology (NIST), an arm of the Department of Commerce, recently added to the discussion with the publication. NIST sought to provide IoT device manufacturers a better understanding of appropriate cybersecurity features for the vast and constantly proliferating range of IoT devices. NIST’s fundamental purpose is to improve the securitibility of IoT devices and to identify, in general terms, the features that can be designed so that customers can better use them to manage cybersecurity risk profiles.

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Data Privacy Exposure Hits the Public Sector: Lessons from the OPM Data Breach Class Action, Whistleblower Actions, and the GAO Cybersecurity Report

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Data privacy litigation and enforcement actions continue to roil the private sector, most recently with the FTC’s announcement of a $425 million settlement with Equifax in the wake of the Equifax data breach. Less discussed is the fact that data privacy and security remains a real threat in the public sector. As we recently reported, the 2019 Verizon Data Breach Investigations Report found that 16% of confirmed data breaches were in the public sector. Three recent developments highlight the breadth and scope of the threat, reflecting that federal agencies and government contractors remain vulnerable to cyberattacks and may be subject to liability for cybersecurity failures.

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