Michael in Print

24 Mar Cybersecurity Firm With A History Of ‘Corporate Blackmail’ Raided By The FBI

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Sharing the latest from TechDirt

from the fate-of-CEO-Robert-‘Whitey’-Boback-currently-unknown dept

Cybersecurity is a crowded field. Not every competitor will make it. That’s inevitable. Tiversa is one of the also-rans.

Tiversa is helmed by Robert Boback. Back in 2009, Boback was already well-versed in the cybersecurity hard sell. Here’s what he had to say about P2P software in front of a Congressional audience — an audience well-versed in the art of selling fear to fund additional government products.

Boback showed off a document, apparently from a senior executive of a Fortune 500 company, listing every acquisition the company planned to make — along with how much it was willing to pay. Also included in the document were still-private details about the company’s financial performance. Boback also showed numerous documents listing Social Security numbers and other personal details on 24,000 patients at a health care system, as well as FBI files, including surveillance photos of an alleged Mafia hit man that were leaked while he was on trial.

Boback was stealthily pitching his company’s P2P monitoring service. During this hearing, he also claimed to have come across documents containing details about the President’s helicopter on an Iranian computer.

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10 Feb TechFreedom to FTC: If You Can’t Prove Likely Injury, You Can’t Penalize Security Practices

WASHINGTON, DC — On Friday, TechFreedom urged the Federal Trade Commissioners (FTC) not to reverse the dismissal of a lawsuit brought by FTC staff against LabMD, a small cancer testing lab that went out of business under the weight of the lawsuit, but has continued to challenge the FTC’s approach to data security with pro bono representation. In an Amicus Curiae brief, TechFreedom argues that the FTC must not ignore the most important limit that Congress has placed on the FTC’s sweeping power to prohibit business practices: that a practice must “causes or is likely to cause substantial injury.”

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14 Jan How a Lone Conservative Firebrand Became the FTC’s Worst Nightmare

The article below is reblogged from The Atlantic

Most com­pan­ies fa­cing a law­suit from the Fed­er­al Trade Com­mis­sion try to settle as quickly as pos­sible.
Fight­ing the FTC means years of ex­haust­ing and ex­pens­ive lit­ig­a­tion. The com­mis­sion doesn’t even have the au­thor­ity to im­pose fines for most vi­ol­a­tions, so a set­tle­ment usu­ally just means the com­pany has to change its be­ha­vi­or, agree to some in­de­pend­ent audits, and ride out the wave of neg­at­ive news cov­er­age. It’s an easy choice for most cor­por­ate ex­ec­ut­ives.

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11 Jan Top 10 Influencers in Health InfoSec – Michael is number 6!

Michael is honored to be #6 on Healthcare Information Security’s List of Leaders!

Fourth Annual List of Healthcare Information Security Leaders

Reblogged from Healthcare Info Security
HealthcareInfoSecurity announces its fourth annual list of top influencers, recognizing leaders who are playing significant roles in shaping the way healthcare organizations approach information security and privacy.

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30 Dec Author Michael Daugherty Says Technology Will Leave Workers ‘Out In The Cold’

Michael was recently interviewed by Stephen K. Bannon. The following article accompanies the interview. The original can be found here.

Author Michael Daugherty believes that technology as a “double-edged sword” will be responsible for major shifts in the workplace, as companies seek a level of efficiency that will cause jobs to “evaporate.”

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16 Dec Michael Daugherty of LabMD is officially the only challenge facing the FTC as it sets (or at least enforces) cybersecurity requirements for American business

Reblogged from Lawfare

Michael Vatis tells us that Michael Daugherty of LabMD is officially the only challenge facing the FTC as it sets (or at least enforces) cybersecurity requirements for American business. That’s because Wyndham Hotels has officially given up the ghost, agreeing to twenty years of privacy and security monitoring by the FTC…..

….The podcast will be on hiatus over the holidays, but we won’t completely abandon you. While I was at a BlackHat Executive conference last week, I had a chance to do a short interview of Mike Daugherty about his LabMD experience, and we’ll be releasing that as a special bonus edition of the podcast over the Christmas break. (We’re holding it because I’ve offered the FTC a chance for equal time.  But we’ll be releasing the interview next week in any event, with or without the FTC’s input.)

Listen to the podcast here

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28 Nov FTC loses cybersecurity case against medical lab

Reblogged from here

The Federal Trade Commission routinely holds companies responsible for data breaches that expose consumers’ private data to intruders. But the commission’s recent loss in the case of LabMD raises questions about its ability to prevail in other consumer cybersecurity cases.

The agency had sought to hold the medical testing lab responsible for a data breach that exposed the records of 9,000 patients. But LabMD fought back, refusing to sign a consent order and arguing that there was no proof any consumer had suffered any actual harm as a result of the breach.

Late last week, FTC Chief Administrative Law Judge Michael Chappell agreed and dismissed the commission’s complaint.

“FTC spent millions of taxpayer dollars to pursue its baseless case against LabMD, an innovative and successful provider of cancer diagnostics,” said Daniel Epstein of Cause of Action Institute, which defended LabMD. “Although FTC’s ostensible justification for this boondoggle was ‘data security,’ it produced no evidence that even a single patient was harmed by LabMD’s alleged inadequacies.”

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27 Nov FTC to appeal LabMD dismissal ruling

This is a perfect example how people don’t understand the administrative law process.  The FTC STAFF is appealing the decision to the FTC COMMISSIONERS. Then the commissioners get the option of siding with their staff, which they usually do – over 95% of the time, and THEN LabMD would appeal to Federal court….FINALLY.  In Federal Court the smug, save the world FTC gets overturned 50% of the time. This system is so biased and corrupt that reporters don’t believe what they are serving…so the torture rolls on as Congress does nothing and the crushed can’t speak. Nauseating.

 

The following is written by Teri Robinson and reblogged from SC Magazine

A little more than a week after a Federal Trade Commission (FTC) administrative law judge tossed the FTC’s data breach case against LabMD, the agency has filed an appeal of the ruling.

The decision to appeal drew immediate sharp response from Dan Epstein, executive director of Cause of Action, the non-profit that has defended LabMD in the case.

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