Government Regulation of Cybersecurity Practices: FTC v. Wyndham Worldwide Corp.
“You might want to check your [insert business name] account. They’ve been hacked.”
Marie Claire Langlois*
It is a warning heard far too often. Companies from Target to Sony, from Home Depot to JPMorgan Chase, are all recovering from the malicious attacks of hackers intending to steal thousands of client’s identities for their own benefit. Kevin Granville, 9 Recent Cyberattacks Against Big Businesses, N.Y. Times, (Feb. 5, 2015), http://www.nytimes.com/interactive/2015/02/05/technology/recent-cyberattacks.html. Since many times the hacker’s identities are never known, private consumers can only bring legal action against the businesses holding their personal information by alleging insufficient protection for commercially unreasonable cybersecurity practices. Alison Frankel, Thanks to 3rd Circuit, companies are accountable for lax cybersecurity, Reuters (April 24, 2015), http://blogs.reuters.com/alison-frankel/2015/08/24/thanks-to-3rd-circuit-companies-are-accountable-for-lax-cybersecurity/, ¶ 2. (more…)