In this session of the 2016 Cybersecurity, Privacy and Communications Webinar Series, WilmerHale Partners Jonathan Cedarbaum, Felicia Ellsworth and Mark Flanagan discuss current trends in privacy law including:
- the recent Spokeo v. Robins decision and the potential limitations it places on the ability of plaintiffs to rely solely on statutory damages to establish Article III standing;
- the Computer Fraud and Abuse Act's (CFAA) private right of action and what the CFAA's prohibition on “exceed[ing] authorized access” means for understanding the CFAA's “damage or loss” requirements;
- how courts interpret exceptions to the Wiretap Act's prohibition on intercepting, disclosing or using communications, as well as “electronic storage” under the Stored Communications Act; and
- litigation under state privacy statutes and common law theories.
