Don’t trust public Wifi is one of 5 ways to avoid fraud this tax season! reported very bad news about tax season fraud that “Sixty days into the 2017 tax season, that same preparer had 1.5 million user authentication attempts with more than 28,700 of them being either denied access or asked for more authentication.”  The April 6, 2018 reported entitled “Protect Yourself from Online Fraud This Tax Season” included these 5 ways to avoid tax fraud including #4 to “Be wary of public Wi-Fi”

Cybercriminals can easily see individuals’ information on public Wi-Fi networks. Avoid inputting financial or sensitive personal information when connected to a public hotspot. Wait until you’re at home or on a trusted network.

Here are all 5 ways to protect yourself:

  1. Enable multifactor authentication.
  2. Best password practice.
  3. Don’t be fooled by phishing emails.
  4. Be wary of public Wi-Fi.  
  5. Keep up to date.

Please be careful out there!

Cyber, Privacy & IT Law at the new Foley Gardere

I’m happy to announce that I will continue my Cyber, Privacy & IT trial and transactional law practice as a member of Foley Gardere’s Privacy, Security & Information Management Practice Group after the April 1st merger announcement “Foley & Lardner LLP and Gardere Wynne Sewell LLP Announce Combination” and Foley Gardere as a combined firm:

…will have approximately 1,100 lawyers in 24 offices in the United States, Mexico, Asia and Europe.

More specifically, Foley will now have a presence in Texas (Austin, Dallas and Houston), Denver and Mexico City…. as well as Belgium and Tokyo

Great graphic of the new Foley Gardere:


Very exciting news!

HIPAA Privacy Rules Changes Proposed by OCR! reported that OCR (Department of Health and Human Services’ Office for Civil Rights) which is the “HIPAA enforcement agency is planning to seek the public’s input through notices of proposed rulemaking and a request for information before making possible changes.”  The March 28, 2018 article entitled “OCR Considering HIPAA Privacy Rule, Enforcement Changes” included these comments from Roger Severino (OCR Director ) that OCR is considering issuing:

  • A request for information on how the agency might distribute to victims a percentage of the funds it collects from HIPAA settlements and civil monetary penalties;
  • A notice of proposed rulemaking for potentially changing or dropping the current HIPAA privacy rule requirement that patients sign – and healthcare organizations keep – forms acknowledging the individuals received the entities’ notices of privacy practices;
  • A notice of proposed rulemaking involving “good faith” disclosures of patient information, clarifying that healthcare providers in certain circumstance are permitted – without patient authorization – to share information, such as with a patient’s family when a patient is incapacitated.

Given the importance of HIPAA it will be interesting to see the public comments.

No surprise - Cyber attacks directed at Cryptocurrency! reported that Web injects have led to “recent evidence of threat actors using Web injects to target cryptocurrency exchange Coinbase and Bitcoin wallet”  The March 22, 2018 article entitled “Criminals Using Web Injects to Steal Cryptocurrency” included this description of Web injects:

Web injects is basically code for injecting malicious content into a Web page before the page is rendered on a user’s browser.

This work by intercepting and modifying traffic between a Web server and user browser in such a manner that the victim typically does not notice anything amiss.

Web injects can be used to add or delete content on the Web pages that a victim sees.

This is bad news, but not a surprise!

Mark Zuckerberg requested to testify to Congress about Facebook/Cambridge Analytica Privacy

The Washington Post reported that there was an official request for Mark Zuckerberg to testify at the House Energy and Commerce Committee since the Committee believes the “CEO of Facebook, he is the right witness to provide answers to the American people. We look forward to working with Facebook and Mr. Zuckerberg to determine a date and time in the near future for a hearing before this committee.”  The March 22, 2018 article entitled “A key congressional committee has asked Facebook CEO Mark Zuckerberg to testify about Cambridge Analytica” included these comments from Rep. Greg Walden (R-Ore.) (panel chairman) and Rep. Frank Pallone Jr. (D- N.J.):

The latest revelations regarding Facebook’s use and security of user data raises many serious consumer protection concern,…

After committee staff received a briefing yesterday from Facebook officials, we felt that many questions were left unanswered.

It will be interesting hear Mr. Zuckerberg’s testimony since Facebook confessed to the Federal Trade Commission in 2011 that it failed to comply with FTC Privacy Laws.