Verizon, where the DC Circuit rejected the FCC’s 2010 Open Internet rules but upheld the FCC’s underlying legal authority. On Monday, the Third Circuit released a similarly important opinion relating to the FTC’s authority to regulate data security practices. In this case the court has given the FTC what seems to be a win. But in doing so the court rejected the agency’s basic approach to data security regulation, ignoring the FTC’s efforts over the past 15 years to regulate data security practices. This is a major blow to the FTC, which has steadfastly argued – including in this case – that it has developed its own law of data security that should apply in cases such as this.
the IRS acknowledged that criminals had obtained the tax returns of more than 300,000 Americans – three times as many as was initially reported. This comes after the catastrophic breach of the Office of Personnel Management's (OPM’s) files, in which the security clearance forms for most of the federal workforce were lost. It is well past time to think more systematically about government data retention.