Third Party’s Collection of Website Visitor Data Not Considered “Intercepted” Under New Pennsylvania WESCA Ruling

By Anokhy Desai   A few weeks ago, U.S. District Judge William Stickman IV of the Western District of Pennsylvania held that there was no interception of communication per the Pennsylvania Wiretapping and Electronic Surveillance Control Act (WESCA) when a third-party company collected data from a user’s browser as she visited another website, writing that
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Updates in Cybersecurity and Data Privacy, Part 2 – August 2020

By Krishna Jani, Flaster Greenberg   From California to New York, data privacy laws and enforcement actions are ramping up. Check out some highlights below.   1. New York State Department of Financial Services launched its first enforcement action in July 2020. As U.S. companies focus on CCPA enforcement, they should not ignore other state
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A Warning to Law Firms and Litigants: Unlawful Disclosure of PHI in Litigation Can Lead to Trouble

By Joshua Mooney, White and Williams LLP   The handling of sensitive data with appropriate care in litigation is a critical aspect of legal practice. Recent ABA Formal Opinions 477 and 483 discuss requirements for securing protected client information and lawyers’ obligations after a cyberattack. Conduct during litigation is no different. Unless stated otherwise by
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Massachusetts High Court Holds Suspect Can Be Compelled to Unlock Smart Phone

By Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor LLP   The highest court of Massachusetts recently held that a suspect can be compelled to enter his passcode to unlock and decrypt his cell phone where the government showed the suspect’s knowledge of the passcode was a foregone conclusion.   In Commonwealth v. Jones,
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