Consumers Have Standing for Data Breach Claims against Barnes & Noble

The Court of Appeals for the Seventh Circuit has issued its second decision in favor of consumers bringing claims against retailers for injuries following cyber attacks exposing sensitive consumer information in Diefenbach v. Barnes & Noble, Inc. On April 11, 2018 the court resurrected the class action brought against the book retailer by consumers whose debit card information was hacked in 2012. Specifically, the court ruled that the named plaintiffs properly alleged an injury under state consumer protection laws, including lost time, cost of…
Continue reading...

Cyber Attack Immobilizes Dutch Government Websites

As reported by the BBC, most of the Dutch government’s websites were rendered inoperable after a successful distributed denial of service (DDoS) cyber-attack on Tuesday, when servers were flooded with traffic, rendering the sites virtually inoperable.  A number of private sites were also breached, and the attack also affected communications provider Telford.  As the BBC noted, these attacks “highlighted the vulnerability of public infrastructure.” An official from the Dutch Government Information Service, Rimbert Kloosterman, remarked that the complexity and size of the government’s websites had…
Continue reading...

Department of Homeland Security Must Assess Cyber Risks to Building Access and Control Systems

The U.S. Government Accounting Office (GAO) issued a report this month calling on the Department of Homeland Security (DHS) and General Services Administration (GSA) to develop and implement a strategy to address cyber risks to building and access control systems, including the computers that monitor and control building operations such as elevators, electrical power, and heating, ventilation, and air conditioning.  As these systems are increasingly connected to other information systems and the Internet, there is greater vulnerability to cyber attacks, which, the report explains, “could…
Continue reading...