The Emerging Threat of Legal Liability for Failure to Prevent Spyware The Emerging Threat of Legal Liability for Failure to Prevent Spyware

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

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Source: Morrison & Foerster

Date: January 2008

Type: White Paper

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Overview: 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.

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