Done with Politics, Thumbtack GC Turns Focus to Tech

“We work with ZwillGen. I like Anna Hsia at ZwillGen,” Katie Biber told Law.com. “She’s one of my favorite outside counsel and is really good at recognizing the difference between the different kinds of advice. She understands issues at their most intricate levels, but she’s also very good at providing practical advice.” This Law.com article is paywalled.

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FBI Plots Its Next Move in the Encryption Battle

“The next frontier in the battle between the FBI and technology companies over encrypted communications will be more legally complicated…The Communications Assistance for Law Enforcement Act doesn’t cover many Internet services and expressly states that a telecommunications provider can’t be responsible for decrypting any communication if it doesn’t possess the information necessary to do so, said Zwillinger a managing member of ZwillGen Pllc…If the FBI concludes it needs access to such data, “the court system is not going to be the proper place to resolve it,” Zwillinger said.”

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Meet Marc Zwillinger: Apple’s Secret Weapon in its Battle Against the FBI

“A bit of a tech wonk, who memorizes footnotes and page numbers in government briefs, Zwillinger has helped Yahoo battle America’s intelligence community in a secret court, counseled Facebook’s Whatsapp on dealing with police, and is coordinating a national legal strategy for America’s most valuable company on why it shouldn’t help the government unlock a terrorist’s phone.”

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Apple’s Line in the Sand Was Over a Year in the Making

Apple’s stance against unlocking an iPhone belonging to one of the San Bernardino attackers has been foreshadowed for more than a year. “We’re being forced to become an agent of law enforcement,” the company’s lawyer, Marc Zwillinger, protested in court.

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FTC Tips Data Security Hand In Wyndham Pact

“The Wyndham settlement is really an evolution of the FTC’s continued precedent in this area,” Amy Mushahwar told Law360. “It offers some instructive insight into what the commission would do in the event of another significant payment card breach that involved several subsidiaries or franchisees.” This Law360 article is behind a paywall.

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Wyndham Data Breach Settlement Raises PCI Concerns for Merchants

The FTC’s settlement with Wyndham Hotels required Wyndham to establish a “comprehensive information security program.” Amy Mushahwar discusses with CardNotPresent the significance of this settlement as well as future requirements other companies facing FTC scrutiny may now encounter.

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Judge Questions Legal Authority to Force Apple to Unlock iPhones

United States Magistrate Judge Orenstein expressed skepticism whether the government could compel Apple to unlock an iPhone under the authority of the 1789 All Writs Act. “There is “no indication Congress intended for the government to have this power,” Mr. Zwillinger said. “This is pushing the law to a new frontier”.”

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Apple Tells Court it Can’t Unlock New iPhones

“Forcing Apple to extract data in this case, absent clear legal authority to do so, could threaten the trust between Apple and its customers and substantially tarnish the Apple brand,” according to the brief, signed by Apple’s outside counsel Ken Dreifach, Marc Zwillinger and Jeffrey Landis. “This reputational harm could have a longer term economic impact beyond the mere cost of performing the single extraction at issue.”

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China, Russia amassing personal info seized in hacks for counter-intelligence

Marc Zwillinger sat down with CNN to discuss the harm that U.S. personnel could face if foreign governments are amassing and cross-referencing personal information collected from data breaches. “Individually, the OPM breach and the Ashley Madison breach both present significant dangers to U.S. personnel, including intelligence personnel, but taken together, they really ratchet up the level of harm,” said Marc Zwillinger, a lawyer handling data breach and privacy cases. “The OPM breach has confidential information about U.S. personnel and people that have applied for security clearances, and the Ashley Madison breach reveals people’s most intimate secrets about the affairs they might be having, and together, it provides a lot of leverage that could be used to blackmail and possibly influence U.S. personnel.”

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Ashley Madison Chief Steps Down After Data Breach

When Ashley Madison’s data was posted online, hackers accused the company of overstating the number of women actively using the site. Marc Zwillinger spoke with the New York Times about the potential FTC deception charges that the parent company, Avid Media, could face if the former chief executive, Noel Biderman was aware of the website’s user statistics.

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