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Today’s world is dominated by technology, invention and innovation.

People and businesses alike depend on the faster exchange of information and data. In order to accommodate today’s demands on information exchange, e-commerce and the collection of personal and sensitive data is not only common-place but it has become a valuable commodity.

News headlines are dominated by stories of data security breaches and consumers’ personal information and identification being accessed, sold and abused by hackers with malicious purposes.

Far too many businesses have neglected the importance of data security and have not been paying attention to the vast legal requirements that now exist. Government at the international, national and state level have been alerted to the data security problem and has responded with the passing of various laws and regulations to ensure that businesses and individuals alike are fulfilling their obligation to protect data.

For example, as of January 4, 2016, 47 states, the District of Columbia, Guam, Puerto Rico and the United States Virgin Islands have put laws into effect that require private, governmental and education entities to notify individuals of security breaches of information involving personally identifiable information. The various security breach laws contain requirements for who must comply with the applicable law.

There is no shortage of incidents of private lawsuits and federal regulators taking action against those who are not doing enough to protect personal information (such as a name combined with a social security number, drivers licenses or state identification documents, bank account data and more). Also, laws have been passed to assess both criminal and civil penalties against those who intentionally mislead consumers about their privacy policy.

Now more than ever, it is essential for those collecting personal information to understand their legal obligations and understand the numerous data security laws that presently exist and continue to get created every day. The Federal Trade Commission (FTC) has already started taking a firm stance to protect consumers from the increasing negligence and deceptive practices when it comes to data breaches and data security.

Our data breach attorneys are experienced in advising individuals and businesses on how they can protect themselves from government enforcement and utilizing the correct data security measures. You can no longer push off taking action when it comes to data security and data breaches, and we invite you to contact our office today to discuss your specific data breach and security concerns.

In the unfortunate event that you do fall victim to a data breach, disclosure of sensitive or personal information, you cannot wait to consult lawyers that know the applicable data breach laws and know what steps need to be taken to ensure that you legally protect yourself. Far too many people have tried and failed to handle data breaches on their own and have ended up making a bad situation worse.

Our lawyers have decades of experience in the information technology sector and are ready to act fast to help you and your business prepare yourselves for this new world of data security, data breaches and the law.

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Recent Data Breach and Security Articles

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The Legal Checkup

Dentists typically recommend that a person’s teeth be cleaned every six months and that oral x-rays be taken at least once every year. Internists recommend that a person receive a physical examination annually. Pets visit the veterinarian for vaccinations and well-care appointments. Vehicles need oil changes and regular maintenance. Your personal and business legal affairs are no different and require regular “legal checkups.” Much like going to the dentist, the idea of meeting regularly with your attorney is probably not going to excite you; but now more than ever, periodic communication with your lawyer is essential. Unfortunately, far too many web entrepreneurs wait too long and ultimately reach out to their attorneys when trouble has already come their way. In many instances, the legal problems encountered could have been prevented had a “legal checkup” taken place. The law in the United States and throughout the world is constantly changing. It…

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Federal Trade Commission building in Washington, DC

FTC Testifies about Data Security and Small Business

According to the Federal Trade Commission (FTC), earlier today (March 8, 2017), Acting FTC Chairman Maureen K. Ohlhausen spoke about the FTC’s continuing efforts in protecting consumers and educating small businesses on ways to keep consumer data secure. “Failing to take reasonable precautions to secure data from identity thieves and other malicious actors hurts consumers and legitimate businesses alike,” Acting Chairman Ohlhausen said in her written testimony. “Data breaches can harm a business’s financial interests and reputation as well as result in the loss of consumer confidence in the businesses to whom they entrust their data. In the case of small businesses, a data breach can be devastating.” Internet attorney Corey Silverstein has been stressing the importance of data security for years and Silverstein Legal spends a substantial portion of its daily resources on assisting website operators with their data security practices. Website attorney Corey Silverstein continues to insist that…

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Federal Trade Commission (FTC) Releases Annual Summary of Consumer Complaints

In 2016, the Consumer Sentinel Network collected more than 3.1 million consumer complaints, which the FTC sorted into 30 top complaint categories. The complaint categories making up the top 10 are: You can view, download, save, or print the Consumer Sentinel Network Data Book for January – December 2016 by clicking here. Silverstein Legal always reminds individuals and businesses alike that FTC compliance is a must and FTC investigations, complaints and prosecutions should not be taken lightly. Our attorneys have the knowledge and experience to help you stay FTC compliant and defend you against an FTC investigation, complaint or prosecution. Contact us today to have your online business or website evaluated. If you have been contacted by or are being investigated by the FTC don’t make the mistake of believing that you can handle the situation on your own. Our attorneys are here to help.

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Internet Lawyer, Corey Silverstein Accepts Invitation to Speak at Michigan State College of Law

Silverstein Legal is proud to announce that website lawyer, Corey Silverstein has accepted an invitation to speak at Michigan State College of Law, Journal of Business and Securities Law, Vol. 17 Spring Symposium. Internet attorney, Corey Silverstein is scheduled to speak on Friday, April 7, 2017 at 10:45a.m. at the Michigan State University Law College Building, Castle Board Room, 3rd Floor. Mr. Silverstein’s panel is entitled Regulation: The Legal Perspective on Evolving Federal and State Law and the following are the planned general discussion points: Setting the stage for the afternoon discussion on delivery of legal services and issues from the perspective of in-house professionals: Wyndham Hotels Case implications: What are the projections following the Third Circuit’s holding that the FTC can use the prohibition on unfair practices under section 5 of the FTC Act to regulate cybersecurity? Is the FTC limited in its authority to regulate cybersecurity controls? What…

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Pad lock on computer chip

Data Breach Hits Michigan State University

News outlets across the world are reporting that a major data breach has occurred at Michigan State University. The Lansing State Journal reports that a university spokesman confirmed on Friday that about 400,000 records were affected that include names, social security numbers and Michigan State University identification numbers. Apparently, the University became aware of the data breach when it received an email that allegedly attempted to extort money. Michigan State University was quick to announce that it is offering to pay for 2 years of identity theft protection, fraud recovery, and credit monitoring for affected individuals. Unfortunately, this is a continuing trend in a world that is now dominated by news headlines that are reporting large-scale data breaches on a daily basis. Internet attorney Corey Silverstein, has been studying internet security and data breaches for his entire legal career and Silverstein Legal is your best option when it comes to…

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Smartphone showing "WhatsApp" instant messenging software

Website Attorney, Corey Silverstein Weighs in on Instant Messaging Security Issues

In the past few weeks our internet lawyers have seen an exponential increase in the number of client inquiries related to instant messenger hacks. Whether you are using Skype, WhatsApp, FaceBook Messenger, ICQ or any other instant messaging tool, it is essential that you know what to do if you suspect that your account has been hacked or if you see that someone else’s account has been compromised. First things first, if you aren’t using anti-virus and anti-malware software, stop reading this post and go get both. There are plenty of excellent free options available online. (Yes, this applies to you Apple users). Secondly, do not share your passwords with anyone. Not your wife, neighbor, child, or invisible friend. Nobody. Third, make sure that your password contains a combination of upper case letters, lower cases letter, numbers and symbols. You should be avoiding passwords that include personal information such as…

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Corey D Silverstein and Nigel Williams

Let’s Talk Digital Marketing and Law

We had the pleasure to sit down and talk with Corey, owner of the Law Offices of Corey Silverstein, P.C.. Corey has extensive knowledge in the digital marketing field. When we asked Corey what he saw as the biggest errors for those just starting out in digital marketing make, he was quick to answer. You Need an Agreement This may seem a matter of common sense in most businesses, but Corey indicates people sometimes underestimate the need for a good agreement in their excitement over opening a digital business. He cautions that it is still a business and must be thought of as such. When asked what type of information is necessary in a good agreement, he named several factors: *Profit/Loss distribution - Everyone gets excited about the prospect of earning money and often don't consider how the profits will be divided. What is even more likely to cause conflict…

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Vector illustration of a web browser with a pad lock icon

Mounting Breaches: Are You Paying Enough Attention to Internet Security?

For those of you who haven’t been paying attention to the news, there is an epidemic in the online world and it’s getting worse. Last month JPMorgan Chase announced that 76 million households were affected by a recent security breach in which many individuals had their personal information stolen by hackers. To put things in perspective, JPMorgan Chase has 65.8 million open accounts including 30.1 million checking accounts. It’s the second largest mortgage originator in the U.S., and the third largest auto-lender not owned by a car manufacturer. According to the Identify Theft Resource Center, there have been 579 data breaches this year, a 27.5 percent increase over the same period last year. In addition to JPMorgan Chase, reportedly, Target, P.F. Chang’s, Jimmy John’s, Neiman Marcus, Michaels and Sally Beauty Supply have all recently fallen victim to massive hacks and data theft. Millions of pieces of data including names, birthdates,…

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