New Report Signals Further Changes to U.S. Policy toward IoT Technology from China

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In recent months, a series of U.S. government reports have documented U.S. policymakers’ growing concerns over Chinese government policies and programs designed to advance China’s competitive edge in a range of technologies and industries.  In turn, the findings of these reports are shaping U.S. economic and national security laws and policies, as illustrated by the recent Section 301 tariff actions, national security reviews of investment by Chinese firms under the Committee on Foreign Investment in the United States (CFIUS) process, and provisions of the recently-passed John McCain National Defense Authorization Act that restrict exports of “emerging and foundational technologies” and U.S. government use of certain Chinese-made telecommunications equipment.  Against this background, a report released on October 26, 2018, is likely to further increase U.S. government scrutiny of China-manufactured devices with internet connectivity features – so-called “Internet of Things” or “IoT” devices.

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New Handbook Provides Guidance to Healthcare Delivery Organizations on Preparation and Response to Medical Device Cybersecurity Incidents

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Recently, the MITRE Corporation, in collaboration with the U.S. Food and Drug Administration (FDA), announced the release of the Medical Device Cybersecurity Regional Incident Preparedness and Response Playbook.  The Playbook was designed to provide “tools, references, and resources” for Healthcare Delivery Organizations (HDOs) to better prepare for and respond to medical device cybersecurity incidents.

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FTC Settles Fair Credit Reporting Act Action with Tenant Background Screening Company

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The FTC announced a settlement with RealPage, Inc., a tenant background screening company, settling allegations that it violated the Fair Credit Reporting Act (FCRA) by failing to take reasonable steps to ensure the accuracy of the tenant screening information it provided to landlords and property managers.

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The Sedona Conference Publishes Commentary on Information Governance, Second Edition

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The Sedona Conference® has released a Public Comment Version of its Commentary on Information Governance, Second Edition.  The latest edition of this Commentary sets out 11 principles of information governance that provide a strategic framework for senior management to make decisions with respect to all information within an enterprise and accounts for changes and advances in technology and law that have occurred over the past four years.   It also incorporates guidance on information governance contained in The Sedona Principles, Third Edition, which we discussed in a previous blog post. As defined in this Commentary, information governance “means an organization’s coordinated, interdisciplinary approach to satisfying information compliance requirements and managing information risks while optimizing information value.”   The Commentary recognizes that information governance encompasses a variety of disciplines, including traditional records and information management, data privacy, information security, and e-discovery.

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Another Court Rules Virtual Currencies are Commodities Subject to CFTC Oversight

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The U.S. District Court for the District of Massachusetts is the latest court to rule that virtual currencies are commodities, and subject to Commodity Futures Trading Commission (CFTC) jurisdiction.

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First Notice Filed Under GDPR against Canadian Analytics Firm

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The UK Information Commissioner’s Office (ICO) has issued an Enforcement Notice against a Canadian data analytics firm, AggregateIQ (AIQ) that allegedly produced targeted advertisements for pro-Brexit campaigns. This action is the first enforcement Notice issued under the GDPR.

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