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LabMD: The Phony Data Breach

  • Wednesday, June 20, 2018 at 1:00 PM EDT (2018-06-20 17:00:00 UTC)
  • Michael J. Daugherty, Benjamin Wright

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A federal appeals court just upset the status quo in US data security law. The court refused to uphold an order from the Federal Trade Commission that LabMD, Inc. overhaul its data security program. This is a long story that started when a self-promoting security firm informed LabMD it had suffered a data breach and should hire the firm to remediate the problem. The story teaches lessons about (1) how discern the difference between a real breach and a phony breach, and (2) the direction of data security law.

SANS Institute's 3rd Annual Data Breach Summit, NYC, August 20-21

Speaker Bios

Michael J. Daugherty

Michael J. Daugherty is CEO of LabMD, Inc., a medical laboratory that has waged a long legal battle with the Federal Trade Commission and others regarding cyber security. As part of that battle, he authored the impactful book The Devil Inside the Beltway. In so doing, he has become the only litigant to challenge the basic authority that underlies more than 200 enforcement actions relating to cybersecurity and online privacy that the FTC has brought over the past 15 years.

Benjamin Wright

Benjamin Wright is a practicing attorney based in Dallas, Texas, focusing on technology law. He serves as a senior instructor at the SANS Institute, teaching its five-day course, LEG523 Law of Data Security and Investigations. By means of that course, Mr. Wright has taught thousands of students from throughout the world. He chairs the SANS Institute’s annual Data Breach Summit. Benjamin advises diverse clients, both in the United States and outside of it, on privacy, electronic commerce and data security law.

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