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Recent Challenges To the FTC's Data Regulation Authority

By Stephen Treglia
September 02, 2015

The year 2014 has been described as the “Year of the Breach.” (See the January 2015 Ponemon Institute study titled “2014: A Year of Mega Breaches.” It started out with fallout from the Target breach, which occurred at the end of 2013 and carried over into 2014, affecting 40 million debit and credit cards. This “Point of Sale” attack spread to other retailers such as P.F. Chang's, Neiman-Marcus, Michael's, and Home Depot as the result of malware called “Black POS” allegedly distributed by a couple of teenagers in Russia. See, “Home Depot Hit By Same Malware as Target,” Krebs On Security.

Hacking attacks perpetrated on several financial institutions followed during the summer and fall of last year, along with the largest health care breach of the year occurring in August. See, “Hackers' Attack Cracked 10 Financial Firms in Major Assault,” NY Times Dealbook; “The Big Data Breaches of 2014,” Forbes.

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