31 Dec Halting Federal Overreach: MIKE DAUGHERTY BATTLES ON
Since 2010, in what has now been dubbed one of the most important government cybersecurity cases in recent memory, LabMD, a small and innovative cancer detection company, has relentlessly fought off Federal Trade Commission overreach and abuse.
Based in Atlanta, Georgia, LabMD was wrongly targeted by the Federal Trade Commission using unverified and allegedly falsified evidence obtained from a private firm with a direct financial interest in government action.
The Commission targeted LabMD not because there were any victims from any alleged data breach, but rather because it believed LabMD would quickly agree to a consent judgment that would provide a basis for the Commission claiming new jurisdiction over all health care companies.
Now we have a commissioner recusing herself based on speeches she gave prejudging the LabMD case, a House Oversight congressional investigation and hearings, an inspector general investigation, a U.S. District judge strongly criticizing the government for conducting a sloppy, “almost unconscionable” investigation, an Eleventh Circuit appeal and a Justice Department immunity grant to a whistleblower in the administrative proceedings.
And 2015 is going to be even more interesting.