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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NSA Data Collection Ruling To Fuel Congressional Action

After the NSA’s bulk collection was declared unlawful by the 2nd Circuit, Marc Zwillinger talked with Law360 saying, “Under this decision, bulk collection has to stop, so it requires Congress to do something and changes the status quo from Congress simply being able to reauthorize the program as is to having lawmakers have to affirmatively authorize bulk collection if they want to keep the program going.”

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Should Law Enforcement Have the Ability to Access Encrypted Communications?

Defending the right to communicate without having the government “read-along,” Marc Zwillinger goes head-to-head with former Justice Department counsel Carrie Cordero in the Wall Street Journal. Marc’s stance on whether law enforcement should have access to encrypted communications, “No: It Violates Our Rights – Without Improving Security” argues that decryption keys could ultimately leave companies more vulnerable to foreign hackers and would undermine basic human rights.

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As encryption spreads, U.S. grapples with clash between privacy, security

In regards to the debate about end-to-end encryption, Marc Zwillinger was quoted in the Washington Post saying, “I don’t believe that law enforcement has an absolute right to gain access to every way in which two people may choose to communicate. And I don’t think our Founding Fathers would think so, either. The fact that the Constitution offers a process for obtaining a search warrant where there is probable cause is not support for the notion that it should be illegal to make an unbreakable lock. These are two distinct concepts.”

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ZwillGen Shortlisted for Chambers USA Awards

Following our firm retreat in New Orleans celebrating our five year anniversary, we learned that as a firm, we had been shortlisted for the Chambers USA Awards in the category of “Privacy & Data Security Team of the Year.” We are honored to have been nominated and we thank you, our clients, for giving us the opportunity to work with you and your incredible companies.

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Law360 Privacy Editorial Advisory Board

Congratulations Jeff Landis on becoming a member of Law360’s 2015 Privacy & Consumer Protection advisory board!

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Internet Giants to Government: Drop Dead

Failed and foggy legislation surrounding surveillance and cross-border digital searches has forced providers to make their own moves in order to preserve customer privacy. “Congress hasn’t shown an interest in trying to figure this out,” says Marc Zwillinger, a lawyer in Washington who’s represented Yahoo!, among others, in their responses to government requests for data. “The providers are stuck in the middle.”

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Future of FTC Data Security Enforcement Hinges on Forthcoming Wyndham Ruling

The long running battle between the FTC and Wyndham could soon be settled in the Third Circuit in the U.S. Court of Appeals. In connection with the upcoming ruling, Stacey Brandenburg spoke with BNA Bloomberg, suggesting that the ruling could help, “offer some clarity regarding the issues before it – in particular, regarding the role of the FTC in establishing data security standards.” Stacey continues, “When the FTC first entered this space, there were few entities providing guidance about what steps companies should consider to help protect their customer’s information from breaches; now, the landscape has changed somewhat, and it would be helpful for the court to determine whether the FTC’s role in this space is warranted, and justified by law.”

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