PRIVACY + SECURITY BLOG

News, Developments, and Insights

Enforcing the Surveillance Laws

Surveillance

As many of the recent revelations of government surveillance and information gathering are revealing, government agencies such as the FBI and NSA are violating the law. Recently, the DOJ investigation into the FBI’s use of NSLs reveals many violations of law. So where are the penalties? In the latest surveillance scandal, the FBI says that it […]

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FTC: Letting Experian Keep the Spoils

Free Credit Report

Suppose a company engages in an unfair and deceptive trade practice. It makes about $1 billion. The FTC investigates. A settlement is reached for a fine of $1 million and refunds to only some customers — yielding a net penalty of several million dollars — just a fraction of the spoils. That’s deterrence . . […]

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How HIPAA Was Undermined

HIPAA

The Office of Legal Counsel (OLC) of the DOJ has issued a highly suspect interpretation of the original HIPAA that seriously undermines the enforceability of HIPAA. Some background: In 1996, Congress Passed the Health Insurance Portability and Accountability Act (HIPAA).  The Act, at 42 U.S.C. § 1320d-6, provided in part for the protection of medical privacy – […]

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