The Third Circuit issued an opinion this week upholding the federal cyberstalking statute against a constitutional challenge in United States v. Ho Ka Yung. Ruling on a facial challenge that claimed that the statute was unconstitutionally overbroad, the court narrowly construed the intent element of the statute to find that it only regulates threatening or otherwise criminal speech that is not constitutionally protected.
For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology.
The new law, codified as N.J.S.A. § 34:6B-22, went into effect on April 18, 2022. Under the law, an employer that: knowingly makes use of a tracking device in a vehicle used by an employee without providing written notice to the employee shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation and not to exceed $2,500 for each subsequent violation.
On May 13, 2022, the U.S. Treasury (“Treasury”) released its 2022 Strategy for Combatting Terrorist and Other Illicit Financing (“2022 Strategy”). The proposed 2022 Strategy, prepared pursuant to Sections 261 and 262 of the Countering America’s Adversaries Through Sanctions Act (CAATSA), outlines four goals to address the key risks identified by the 2022 National Money Laundering, Terrorist Financing, and Proliferation Financing Risk Assessments:
The importance of accuracy in contractor proposal representations regarding cybersecurity compliance/capabilities, and the increasing number of bid protests based on alleged proposal inaccuracies regarding the same, is demonstrated in Connected Global Solutions, LLC v. United States (Fed. Cl. Apr. 21, 2022).
Like many other industries, manufacturing has been hit hard with labor shortages. As of April 2022, U.S. factory activity reportedly is at its slowest pace in more than 18 months. Consequently, many factories seek more agility from artificial intelligence and other automated processes to better manage disruptions and uncertainty. With these modernizations comes the threat of potential safety and health hazards and cyber threats.
On 4 March 2022, the Cyber Security Agency of Singapore (CSA) announced two initiatives intended to address the impact of increased cybersecurity vulnerabilities and the rise of new sectors of the digital economy.
The Japanese government has issued a series of orders to freeze assets owned by the Russian government and related banks, companies, and individuals, in coordination with the international community’s sanctions on Russia for its invasion of Ukraine.
On March 31, 2022, the Payment Card Industry Security Standards Council released version 4.0 of its Data Security Standard (PCI DSS 4.0). The new version—which brings major changes to the payments ecosystem—places an increased focus on targeted risk analysis, organizational maturity and governance.
The regulations implementing the CCPA require that a business verify the identity of a consumer that submits a specific-information access request to a “reasonably high degree of certainty.”
The Financial Industry Regulatory Authority (FINRA) in November 2022 released a targeted exam letter pertaining to communications for crypto products and services.
It has been a long and heated debate as to whether NFTs and certain cryptocurrencies can be deemed as securities under applicable laws and precedents.
In a prior post, we wrote about the importance of reviewing the terms governing the sale of an NFT to determine what rights, if any, are included in the sale in order to commercially exploit the asset associated with the NFT, and the confusion that emerges in interpreting such terms through the lens of copyright law.
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