DOJ Indicts Chinese Hackers
On May 19, the Department of Justice announced the indictment of five Chinese military hackers for cyber espionage targeting six American companies in the nuclear power, metals, and solar products industries. The indictment is the first of its kind to bring charges for such activity against a state actor.
Parties Seek Review of Magistrate Judge Ruling that Government Can Access Documents Stored Overseas
On April 25, a federal magistrate judge in the Southern District of New York ruled that the government can obtain email and other records from a search warrant issued under the Stored Communications Act that are stored exclusively outside of the United States but under the "possession, custody and control" of a U.S. company. In what will be closely watched proceedings, the matter is set for oral argument before the district court on July 31.
Supreme Court Says Search Warrant Required to Search Cell Phone Incident to Arrest
In a June 25 decision, the Supreme Court held that law enforcement, under most circumstances, must obtain a warrant to search a suspect's cell phone incident to arrest.
Wyndham Worldwide and LabMD File Appeals in Separate Challenges to FTC Authority
On June 24, LabMD appealed to the Eleventh Circuit a district court's order granting the Federal Trade Commission's motion to dismiss a suit brought by LabMD that challenged the Commission's authority under the Federal Trade Commission Act to bring charges for failing to reasonably protect consumers' personal data. The district court determined that it lacked jurisdiction over the merits of LabMD's challenge to the FTC's authority because the FTC had not yet taken final agency action. In a separate but similar case, Wyndham Worldwide asked the Third Circuit to allow an interlocutory appeal, certified by the district court, challenging whether Section 5 of the FTC Act authorizes the Commission to bring an unfairness claim involving data security, and whether the Commission must formally promulgate regulations before bringing such a claim. [A copy of the filings can be provided upon request.]
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