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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/. |
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