In what I would describe as an unusual but interesting move by the Federal Trade Commission (FTC), on January 4, 2022, it issued a warning to companies “to remediate Log4j security vulnerability” or face an enforcement action for failing to do so.

In the warning, the FTC acknowledged that the Log4j vulnerability “is being widely exploited by a growing set of attackers.” The exploitation by threat actors “risks a loss or breach of personal information, financial loss, and other irreversible harms.” According to the FTC, there are several laws that require companies to take reasonable steps to mitigate known software vulnerabilities, including the Federal Trade Commission Act and the Gramm-Leach-Bliley Act. “It is critical that companies and their vendors relying on Log4j act now, in order to reduce the likelihood of harm to consumers and to avoid FTC legal action.”

Since this is a known vulnerability that can be remediated, if companies fail to update the software, “The FTC intends to use its full legal authority to pursue companies that fail to take reasonable steps to protect consumer data from exposure as a result of Log4j, or similar known vulnerabilities in the future.”

An unusual but very strong message from the FTC that is prudent to follow.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.