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118
2017/.
29.
Taylor Armerding, Mobile Apps: Still Insecure By Default, Forbes, (June 27, 2019),
https://www.forbes.com/sites/taylorarmerding/2019/06/27/mobile-apps-still-insecure-by-
default/#72379b6a3b24.
30.
Alison DeNisco Rayome, How 85% of Mobile Apps Violate Security Standards, Tech Republic,
(Oct. 4, 2018), https://www.techrepublic.com/article/how-85-of-mobile-apps-violate-security-
standards/.
31.
Opperman v. Path, 87 F.Supp.3d 1018 (N.D. Cal. May 14, 2014); Opperman v. Path, Order
Denying
Motion
for
Class
Certification
(N.D.
Cal,
July
25,
2017),
https://www.courthousenews.com/wp-content/uploads/2017/07/AppleNoCert.pdf.
32.
App stores represent a significant bottleneck to disrupt the breach kill chain. Jonathan Zittrain
identified one of the virtues of the “walled garden” or “non-generative” approach represented
by these app stores to be security (even though he identified a significant number of drawbacks
from such a constrained environment). Jonathan Zittrain, The Future of the Internet and How to
Stop It (2008) (“[W]e have grown weary not with the unexpected cool stuff that the generative
PC had produced, but instead with the unexpected very uncool stuff that came along with it.
Viruses, spam, identity theft, crashes: all of these were the consequences of a certain freedom
built into the generative PC. As these problems grow worse, for many the promise of security is
enough reason to give up that freedom.”).
33.
Oberdorf v. Amazon, 930 F.3d 136 (3rd. Cir. 2019).
34.
47 U.S.C. § 230. Although Section 230 has some relevance when platforms are sought to be
treated as publishers of third party content, the conduct we specifically target has roots in
products liability as well as distributor liability. See Lemon v. Snap, D.C. No. 2:19-cv-04504-
MWF-KS,
Opinion,
http://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/04/20-
55295.pdf;MacPherson v. Buick Motor Co. 217 N.Y. 382, 111 N.E. 1050 (1916).
35.
See,
e.g.,
Apple
Platform
Security,
App
Security
Overview,
https://support.apple.com/guide/security/app-security-overview-sec35dd877d0/web.
36.
The facts are from the allegations in the FTC’s complaint in FTC v. Equifax,
https://www.ftc.gov/system/files/documents/cases/172_3203_equifax_complaint_7-22-19.pdf.
37.
Quoted in id.
38.
Josh Lauer, Creditworthy: A History of Consumer Surveillance and Financial Identity in
America (2017).
39.
Daniel J. Solove, The Digital Person: Technology and Privacy in the Information Age 67
(2004).
40.
The Fair Credit Reporting Act, Pub. L. No. 90-32, 15 U.S.C. §§ 1681 et seq.
41.
Sarver v. Experian Information Solutions, 390 F.3d 969 (7th Cir. 2004). Fair Credit Reporting
Act § 1681e(b).
42.
FCRA, § 1681h(e).
43.
FCRA, §1681(a).
44.
Brian Krebs, Experian Lapse Allowed ID Theft Service Access to 200 Million Consumer
Records, KrebsOnSecurity, (March 10, 2014), https://krebsonsecurity.com/2014/03/experian-
lapse-allowed-id-theft-service-to-access-200-million-consumer-records/.
45.
Dorthy Atkins, Experian Hid Major Data Breach, Blood, Hurst, & O’Reardon, (Dec. 10, 2019),
https://bholaw.com/experian-hid-major-data-breach/.
46.
Hal Abelson, Ross Anderson, Steven Michael Bellovin, Josh Benaloh, Matt Blaze, Whitfield
Diffie, John Gilmore, Peter G. Neumann, Ronald L. Rivest, Jeffrey L. Schiller & Bruce
Schneier, The Risks of Key Recovery, Key Escrow, and Trusted Third-Party Encryption (1997),
https://academiccommons.columbia.edu/doi/10.7916/D8GM8F2W.
47.
Rowena Mason, UK Spy Agencies Need More Powers, Says Cameron, Guardian, (Jan. 12,
2015), http://www.theguardian.com/uk-news/2015/jan/12/uk-spy-agencies-need-more-powers-
says-cameron-paris-attacks.
48.
Will Oremus, Obama Wants Tech Companies to Install Backdoors for Government Spying,
Slate, (Jan. 19, 2015), https://slate.com/technology/2015/01/obama-wants-backdoors-in-
encrypted-messaging-to-allow-government-spying.html.
49.
Spencer Ackerman, FBI Chief Wants ‘Backdoor Access’ to Encrypted Communications to Fight
Isis, Guardian, (July 8, 2015), http://www.theguardian.com/technology/2015/jul/08/fbi-chief-
backdoor-access-encryption-isis.
50.
Daniel J. Solove, Security Experts Critique Government Access to Encrypted Data,
TeachPrivacy, (July 14, 2015), https://teachprivacy.com/security-experts-critique-government-
access-encrypted-data/.