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Yahoo Yet Again

Yahoo recently disclosed a new security breach on December 14, potentially affecting more than one billion accounts. The breach first began back in 2013 and is believed to be separate from the similarly massive cybersecurity incident Yahoo announced back in September. Data stolen may include user names, email addresses and passwords. This second data breach not only raises concerns about Yahoo’s lack of security, but highlights how vulnerable everyone’s information is. One of the main questions resulting from recent corporate data hacks concerns what is being done to protect consumers. Our general counsel Marc Miller provided expert commentary below regarding the current state of consumer legal protection and how the various entities involved shape the evolution of law.

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Many interested parties including consumers, IT professionals, lawyers, and government regulators must grapple with complex issues in the aftermath of incident. Although a wide variety of issues arises in a data security breach, many consumers remain curious about what to expect in regards to their own affairs. Unfortunately, the answer lies in a complex web of independent state laws governing data security breaches. States continue to pass and update data breach notification laws.  Across most state laws, some key factors are present in most data breach laws. Typically, the data breach laws only come into play when personal information is stolen. Most states require some combination of a name or user name along with other identifiable information such as a social security number or physical address.

Frustratingly, someone would need to look at the specific state law to have a…

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