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.
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.”
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.)
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.”
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.
Michael was interviewed, drop by the post and listen to the interview here
After seven contentious years, LabMD won a major victory in its legal battle with the Federal Trade Commission. But CEO Michael Daugherty says his recent triumph could be short-lived, and he’s hoping – long term – that he case shines a new light on FTC’s data security enforcement practices.
The Wall Street Journal: “The Federal Trade Commission’s Data-Security Enforcement Efforts Have Received A Setback—At The Hands Of The Commission’s Own In-House Judge. Administrative Law Judge D. Michael Chappell late Friday dismissed a long-running and sometimes bitter case involving LabMD, a former medical testing company the FTC accused of failing to provide reasonable or appropriate cybersecurity protections for patient data.”(Brent Kendall, “Federal Trade Commission Loses Data Security Ruling,” http://blogs.wsj.com/law/2015/11/16/federal-trade-commission-loses-data-security-ruling/tab/print/)
“In A Data Security Enforcement Action That Some Have Characterized As A Modern Version Of David Vs. Goliath, David Won Today, And The FTC Lost.It was an enforcement action that the FTC never should have commenced, as I’ve argued repeatedly, and today’s loss may actually make future enforcement actions more difficult for them as the standard for demonstrating likelihood of substantial injury has now been addressed in this ruling.”(Dissent, “FTC V. LabMD Ruling Issued: FTC Loses Data Security Enforcement Case,”Databreaches.Net, 11/13/15)
Reblogged from here
Michael Daugherty Founder President and CEO of LabMD speaks to Government and IT Business Leaders for the first time after landmark court ruling at November 2015 GTRA Council Meeting.
GTRA November 17 2015 – Founder President and CEO of LabMD and author Michael Daugherty discussed his major win against the Federal Trade Commission at GTRA’s SecureGOV summit yesterday. After seven years of litigation court battles and testimonials ALJ ruled in favor of LabMD determining that the FTC failed to provide substantial evidence of any theft-related or emotional harm in the aftermath of an alleged security breach.