September

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Who Should Pay the Price for Identity Theft?
Who should pay for identity theft? The answer to this question appears to be straightforward: the criminal fraudster. All too often, however, the fraudsters are not caught; or if they are, there are no funds left to recover. Under current law, financial institutions that issue the debit or credit cards often wind up footing the bill. A legal fight is brewing in both the courts and legislatures over who will ultimately bear the losses of identity theft-related fraud.

Features

Internet Protocol Version 6: Data Security and Privacy Concerns with the New Internet
IPv6 technology will allow for a more powerful, more flexible, and more portable Internet, from which businesses stand to reap great benefits. As people conduct more and more of their business online, they are leaving a larger electronic footprint for would-be thieves to follow and ultimately raid.
The Federal Trade Commission’s Expansion of the Safeguards Rule
Data breaches are receiving increasing exposure and media attention as the list of those affected, the amount of information compromised, and the costs to the compromised company rapidly increase. As this problem has continued to grow, the Federal Trade Commission has stepped in to "protect" consumers. This article explores the evolution of the FTC’s use of its jurisdiction to address these data breaches and questions whether the FTC has expanded its jurisdiction beyond its authority under the FTC Act.
Data Protection Law in the European Union
European data protection law is vastly different from U.S. privacy law, regulating virtually all information about individuals, applicable to all industry types, and taking a much more expansive view of the types of activities that should be controlled and restricted. The consequences for violating these laws, which can include injunctions that interfere with business activity and criminal penalties, are also notably different from U.S. penalties, which tend to be limited to relatively modest monetary sanctions.