Our guest, Patrick Gray, is the host of the excellent Risky Business security podcast. He introduces us to the cybersecurity equivalent of decapitation by paper cut and offers a technologist’s take on multiple policy and legal issues. In the news roundup, Michael explains the many plaintiff-friendly rulings obtained by the banks suing Home Depot over its data breach. We wonder whether the rulings are so plaintiff-friendly that the banks will eventually regret their successes.
Latest in Spokeo v. Robins
The Court’s opinion in Spokeo v. Robins is here. I wrote about Spokeo when it was argued last November. My concern was that a ruling in Spokeo’s favor might limit Congress’s ability to provide private remedies for online harms that are intangible but nonetheless deeply injurious:
Last week, Ingrid Wuerth flagged Spokeo, Inc. v. Robins for Lawfare readers as one of the key national security law cases of the Supreme Court’s October 2015 Term. The Court held argument in Spokeo on Monday.
How does the Supreme Court’s October Term 2015 look so far with respect to foreign relations and national security cases? The Court does not have any clear blockbusters like OT 2014’s Zivotofsky v. Kerry. Nevertheless, four potentially significant cases are already on the Court’s docket and cert petitions have been filed in a handful of others.