GROWING BODY OF COMMON LAW DECISIONS THAT CRYPTOCURRENCIES CAN AMOUNT TO PROPERTY: RUSCOE v CRYPTOPIA LIMITED (IN LIQUIDATION) CIV-2019-409-000544 [2020] NZHC 728

19 May, 2020
Cryptocurrency exchanges are a significant target for hackers, and there are numerous well-documented examples of significant amounts of cryptocurrency being taken in attacks.  This frequently gives rise to issues of liability and recovery for the individuals who were holding their cryptocurrency with the exchange in question, and the precise basis on which the exchange is … Read more

UK Government issues Call for Evidence to help improve cyber security across the UK economy

14 November, 2019
On 4 November 2019, the UK Government’s Department for Digital, Culture, Media & Sport (“DCMS“) issued the Cyber Security Incentives and Regulation Review 2020: Call for Evidence (the “Review“). The aims of the Review are to: understand the barriers which prevent organisations from improving their cyber security; understand the effectiveness of existing regulations and guidance … Read more

China publishes first law on encryption

13 November, 2019
The new Encryption Law, China’s first national law on encryption, was published on 26 October 2019 and will come into force on 1 January 2020. It broadens the current regulatory scope of encryption, liberalises commercial encryption at national-law level and proposes a market-oriented regulatory regime for the commercial encryption industry. Foreign and foreign-invested enterprises are given … Read more

The encryption debate is far from ‘going dark’

08 October, 2019
Shortly after the release of the communiqué from the most recent ministerial meetings of the ‘Five Countries’ security alliance — Australia, Canada, New Zealand, the UK and the US — at the end of July, we warned that the issue of the use of, and access to, encrypted services and technologies ‘remains front of mind for … Read more

EU Regulation on cyber security now in force

28 June, 2019
As we previously reported, the EU reached political agreement on the new EU Cybersecurity Act (the “Act“) in March 2019. The Act has now been published in the Official Journal and the majority of its provisions came into effect on 27 June 2019. Read more

US Senate confirms Permanent Ombudsman for the EU-US Privacy Shield Agreement

22 June, 2019
On 20 June 2019, the US Senate confirmed Keith Krach as the Under Secretary of State for Economic Growth, Energy, and the Environment. As part of that role, Krach will serve as the permanent Ombudsman for the EU-US Privacy Shield agreement. The EU-US Privacy Shield is a framework that regulates transatlantic exchanges of personal data … Read more

US Department of Defense recognises cyber security as allowable contractor cost

15 June, 2019
Reflecting recognition of the critical nature of cybersecurity concerns and precautions, the US Department of Defense (“DoD“) has announced that certain cybersecurity protection measures may qualify as costs that defense contractors may claim in contracts. On 3 June 2019 at the Professional Services Council’s Federal Acquisition Conference, Katie Arrington, Special Assistant to the Assistant DoD … Read more