I wrote briefly about the Hacking Team Data Breach yesterday in the context of data breaches generally. This is an interesting area of the law because of all the high profile breaches in the last couple of years, the upsurge in interest in cyber liability insurance products, and increasing numbers of regulatory regimes both domestically and abroad. The Sedona Conference Working Group 11 is in the process of drafting a number of documents related to all of this, so the Hacking Team breach occurs at an interesting time. This blog post is going to split into three points: (1) What was/is “Hacking Team”; (2) What was breached?; (3) What is the potential impact short and long term. (more…)
Ashley Madison is a website devoted to facilitating adultery. That is literally their customer base – married individuals seeking to cheat on their spouses. Their trademark slogan is, “Life is short. Have an affair.” They further self-describe their operation as, “… the most recognized name in infidelity …” A widely reported breach of their servers resulted in a still disputed number of records being exfiltrated from Ashley Madison’s servers. (See Krebs. “Online Cheating Site AshleyMadison Hacked”, http://krebsonsecurity.com/2015/07/online-cheating-site-ashleymadison-hacked/, retrieved 2015-07-23). The situation is still developing, but I summarize and cite pertinent information here and also examine the company’s use of copyright takedown notices as part of its containment strategy.