For Ropes & Gray's Douglas Meal, Michelle Visser, and David Cohen, CIPP/US, "representing LabMD in its successful petition to the U.S. Court of Appeals for the 11th Circuit has been a fascinating experience in a number of ways. One of those is what the case reinforced for us about how the state of cybersecurity regulation in the United States could be greatly improved." In this piece for Privacy Perspectives, LabMD's legal team reflects on what the case says about "regulation by consent decree" (they think it's not working) and the dangers of allowing courts and regulators to dictate cybersecurity best practices. "Our hope," they write, is "that a silver lining to this case will be a greater understanding of the costs and benefits of regulatory action in this space."
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