3 ms·
Why is "data breach" in scare quotes? There was indeed a data breach, so the case against LabMD seems real enough. If it happened because they weren't following
by lazaroclapp 11y ago
Why is "data breach" in scare quotes? There was indeed a data breach, so the case against LabMD seems real enough. If it happened because they weren't following reasonable practices, the FTC response might be entirely justified.
Now, the problem being that the data breach was done by Tiversa. It seems to me that in a case where you know who the attacker was and that they stole this data for profit (additionally, profit by extortion), the penalties for the attacker should be much more severe than for the breached company. Regardless of whether the company was negligent or not. Also, if they reported this to the FTC as a "unknown attacker" type of breach that they just happened to "detect", isn't that attempting to defraud the federal government as well?
- imron 11y agoExactly, a data breach clearly occurred otherwise Tiversa wouldn't have been able to get LabMD's data. If the allegations are true though, then surely the persons responsible should be tried under the CFAA.
- polack 11y agoCould have been that Tiversa was given access to the infrastructure, so even if it was a breach it was more of the "Snowden"-type than of some random hacker from the outside. Still a breach, but one much harder to do anything about.