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Security, Privacy and the Law

Security and privacy issues encountered by businesses often require immediate and discreet solutions. We cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Security, Privacy and the Law
SEC and DOJ Bring First-Ever Crypto Insider Trading Actions
Blog August 02, 2022
This year had already seen an uptick in federal enforcement activity focused on digital assets with the expansion of the SEC's Crypto Assets and Cyber Unit (see our prior client alert on that expansion and its impact here) and the formation last year of the DOJ's National Cryptocurrency Enforcement Team. On July 21, 2022, the agencies executed on this enforcement priority by bringing the first-ever insider trading actions involving cryptocurrency…
OFAC Publishes New Guidance for the Virtual Currency Industry
Blog November 03, 2021
The U.S Department of the Treasury's Office of Foreign Assets Control (OFAC) has published guidance to aid members of the virtual currency industry (ranging from tech companies to brokers to users) in complying with OFAC requirements. OFAC defines “virtual currency” to encompass non-sovereign, non-fiat currencies that can be used as a store of value or as a medium of exchange—a category inclusive of most cryptocurrencies, including common tokens such as Bitcoin or Ether…
Cybersecurity 2019 — The Year in Preview: Cryptocurrency and SEC Enforcement
Blog January 09, 2019
Editors' Note:  This is the fifth in our third annual series examining important trends in data privacy and cybersecurity during the new year.  Our previous entries were on emerging threats, state law trends, comparing the GDPR with COPPA, and energy and security.  Up next:  political advertising. In our 2018 SEC year in preview post…
Tech Industry  Consumer Advocates Share Support for Federal Data-Privacy Legislation, Differ on the Details
Blog October 18, 2018
In late September and early October, the Senate Commerce Committee held a pair of hearings with tech companies and consumer advocates to explore the possibility of federal data-privacy legislation.  The Committee invited representatives from tech giants such as Google, Amazon, and Twitter to testify in September, then in October invited Dr. Andrea Jelinek, Chair of the European Data Protection Board…
Regulators Step Up Scrutiny of Cryptocurrency Advertising as Industry Stance Softens
Blog July 13, 2018
We posted earlier this year about increased scrutiny of cryptocurrency advertising, especially the promotion of Initial Coin Offerings, or ICOs.  The key takeaway from that post was that the frenzy around cryptocurrencies – including as an investment opportunity for individuals who aren't otherwise active investors – has led to a number of efforts to curtail cryptocurrency promotion, from both regulators and industry stakeholders…
Watch: Regulatory Considerations and Blockchain Technology  Best Practices for In-House Counsel
Blog June 08, 2018
Co-hosted by Foley Hoag LLP and ACC-Northeast The emergence of blockchain technology, and its use to create digital tokens and currencies, raises numerous legal questions and challenges, across a wide variety of industries. This webinar is a chance for in-house counsel to learn what blockchain technology is, the relevant legal and regulatory considerations surrounding blockchain technology and cryptocurrency, how to navigate the various areas affecting digital tokens and currency…
HoweyCoins:  The SEC's Newest Attempt at Educating the Public on ICOs.
Blog May 30, 2018
Perhaps in the spirit of the saying “if you can't beat them, join them,” the Securities and Exchange Commission recently launched an initial coin offering website of its own – HoweyCoins.com.  No, the SEC has not suddenly decided to join the coin offering craze.  But the Office of Investor Education and Advocacy has launched this new mock site to illustrate the dangers of such offerings to retail investors…
Bitcoin Takes A Hit As Cryptocurrency Advertising Faces Increased Scrutiny
Blog March 23, 2018
Crypto is a Greek prefix meaning “secret” or “hidden.”  Unless you live under a rock, or in one of several countries like Bolivia where buying and selling it is illegal, there is nothing secret or hidden about cryptocurrency.  It's everywhere.  And public interest in cryptocurrency has led to lots of advertising, mostly on social media and the internet. Spurred on by an incredible—some might say too-good-to-be-true—increase in value in late 2017…
Massachusetts Securities Division Files First Complaint Related to Initial Coin Offering
Blog January 19, 2018
On January 17, 2018, the Massachusetts Securities Division Enforcement Section filed a complaint against the company Caviar and its founder Kirill Bensonoff for violations of the Massachusetts Uniform Securities Act in connection with an ongoing initial coin offering (ICO). This is Secretary of the Commonwealth William F. Galvin's first enforcement action related to an ICO. Last month, Secretary Galvin announced that the Massachusetts Securities Division would conduct a sweep of……
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ABOUT

The Foley Hoag Security, Privacy and the Law Blog focuses on the security and privacy issues encountered by businesses that often require immediate and discreet solutions. Here we cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Our lawyers assist clients with questions on how to legally and ethically investigate abusive e-mail, take down infringing Web sites, maintain surveillance of company facilities and information systems, and remediate breaches of security. We work with clients to ensure the legality and success of existing security policies and protocols and help them develop new programs when necessary. Our lawyers have managed unexpected crises ranging from surprise inspections by government investigators to obtaining emergency court orders needed to secure stolen company computers from rogue insiders.

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