Morrison & Foerster

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Whitepaper: The Emerging Threat of Legal Liability for Failure to Prevent Spyware Attacks

by Morrison & FoersterJan 01, 2008

Threats that at one time seem remote may mutate rapidly into immediate, high-risk conditions that must be addressed if security incidents - and resulting litigation - are to be avoided. This paper focuses on two laws, and two sets of implementing regulations, that undoubtedly will be used to require businesses to implement anti-spyware measures: the Gramm-Leach-Bliley Act (""GLBA""), which applies specifically to financial institutions; and Section 5 of the Federal Trade Commission Act, which extends GLBA-type data security obligations to all U.S. businesses.