Author Archives: Mark Rasch

BEC and Call – Business E-Mail Compromise Leads to Liability

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When William Darby went to work as a securities broker in October of 2018, little did he know that he was going to not only have a bad day, but ultimately a bad career. Darby’s firm fell victim to an increasingly common form of attack — a Business E-Mail Compromise, or BEC attack. An unknown hacker…

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The Symbiotic, Parasitic Relationship Between Privacy, Security

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Increasingly, at least in the law, privacy and security are diverging. There are cybersecurity lawyers who specialize in forensic investigations, data breaches, security regulatory compliance and ensuring that contracts protect the security of data an… Continue reading The Symbiotic, Parasitic Relationship Between Privacy, Security→

Companies Hit By Iranian Cyberattacks May Not Have Insurance Coverage

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Surprise! Your cyber-risk insurance may not cover losses resulting from cyberwar. Here are some tips to help ensure you’re getting your money’s worth. With the prospect of a cyberwar with the Islamic Republic of Iran somewhat looming, ther… Continue reading Companies Hit By Iranian Cyberattacks May Not Have Insurance Coverage→

NSA and FBI Take Different Paths for Cybersecurity

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When NSA security researchers learned that the methods used by Microsoft Windows 10 machines to examine digitally signed code (like that used to install patches) had a vulnerability which would have allowed the Agency to slip in malware, they had to debate the best method of protecting the nation. On the one hand, they could…

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CCPA Class Action Likely Not Too Classy

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One of the most significant aspects of the California Consumer Privacy Act (CCPA) is the fact that consumers in California now have the right to sue companies for their losses resulting from data breaches. While this seems significant, in reality, it’… Continue reading CCPA Class Action Likely Not Too Classy→

DHS Cyber Agency Seeks Subpoena Authority to Obtain Cyber ‘Victim’ Info

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On Dec. 12, senators Ron Johnson (R. Wis.) and Maggie Hassan (D. N.H.) introduced legislation that would grant DHS’ Cybersecurity and Infrastructure Security Agency (CISA) the authority to issue subpoenas to force ISPs to tell them the true identities… Continue reading DHS Cyber Agency Seeks Subpoena Authority to Obtain Cyber ‘Victim’ Info→

Encryption Wars, Part IV: Barr vs. Big Tech

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Will AG Barr succeed in his fight to empower the U.S. government with the ability to break strong encryption against tech companies? U.S. Attorney General Bill Barr once again is decrying the fact that tech companies are proposing strong security stan… Continue reading Encryption Wars, Part IV: Barr vs. Big Tech→

Can Antivirus Companies Use ‘Good Samaritan’ Defense to Block Rival Software?

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Is the Good Samaritan clause, intended to protect against harmful materials, too broad and ripe for abuse? The essence of information security is to allow “good” things in and keep “bad” things out, and various tools assist us in doing that. Included … Continue reading Can Antivirus Companies Use ‘Good Samaritan’ Defense to Block Rival Software?→

Don’t (Geo)Fence Me In: Courts Order Google To Give Up Location Data

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The danger in forcing companies with location-tracking apps to hand over the data to help solve crimes When you install a “Black Friday” app on your cellphone, you aren’t really expecting it to be used to identify you as a suspect or a witness to a cr… Continue reading Don’t (Geo)Fence Me In: Courts Order Google To Give Up Location Data→

PA Supreme Court Rules Defendant Need Not Decrypt Drive

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One of the perennial issues facing courts is the extent to which the government can compel an individual to decrypt the contents of a file, a computer or a server. Jumping into the fray, the Pennsylvania Supreme Court, on Nov. 20, considered the case … Continue reading PA Supreme Court Rules Defendant Need Not Decrypt Drive→