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Social media has played an oversized role in lawsuits under state and local biometric privacy laws, including especially the Illinois Biometric Information Privacy Act (BIPA). See, e.g., Thornley v. Clearview AI, 984 F.3d 1241 (7th Cir. 2021) (plaintiffs alleged that defendant used a proprietary algorithm to “scrape” pictures from social media sites such as Facebook, Twitter, Instagram, LinkedIn, and Venmo); K.F.C. v. Snap, No. 3:21-cv-9-DWD (S.D. Ill. June 10, 2021) (plaintiff alleged that two Snapchat features, “Lenses” and “Filters,” use scans of facial geometry and violated her rights under BIPA); Vance v. Amazon.com, No. C20-1084JLR (W.D. Wash. March 15, 2021) (plaintiffs alleged that Flickr, through its parent company Yahoo!, compiled hundreds of millions of photographs posted on its platform into a dataset that it then made publicly available to “help improve the accuracy and reliability of facial recognition technology”). Of course, in addition to the litigation expenses and executive time required to defend these suits, settlements can be quite costly. See, e.g., In re Facebook Biometric Info. Privacy Litig., No. 15-cv-03747-JD (N.D. Cal. Feb. 26, 2021) (approving $650 million Facebook biometric information privacy settlement).
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By Jeff Pade and Lindsey Dieselman
Two recent Chinese laws — the Data Security Law (DSL) and the Personal Information Protection Law (PIPL) — include provisions aimed at restricting the cross-border transfer of China-based data foreign enforcement and judicial authorities. U.S. courts have not yet addressed whether these data protection and privacy laws could bar the production of documents in civil contexts involving governmental litigants or in criminal proceedings.
By Brian P. Piatek
Truly malicious internal threats can often be treated much like external threats using the tools and backups already in place. But how does a firm proactively identify the softer threats — which may be just as dangerous as the malicious threats and can cripple a firm just as effectively?
By Brian Schmitt and Abeer Abu Judeh
Mitigating Its Risks and the Call for Standardization of Software Development Security Protocols
This article details the anatomy of a supply chain cyberattack, explores the existing state of supply chain protective contractual terms, and proposes actionable steps with a collective approach to guide legal professionals through their precarious endeavors.
By Emil Sayegh
When cyber defenses work, there is a human tendency to become complacent. If you fall into this perception trap, you will quickly find yourself in survival mode — scrambling to restore and recover, and in a position where the best explanation was that the attack was somehow “unexpected.” The global cyberthreat is also still very real.