Dumb Privacy Rules: How Lawyers are Ruining It for Everyone

Father Guido Sarducci, comedian Don Novello’s eccumenical doppleganger, had a routine where he discussed the idea of the “5-minute University,” where he would teach you in five minutes everything you would remember about college five years after gradu… Continue reading Dumb Privacy Rules: How Lawyers are Ruining It for Everyone

Memo to Supreme Court Nominee Kavanaugh: The Internet is not a Series of Tubes

Washington will spend the summer and at least part of the fall debating the relative merits of D.C. Circuit Court Judge Brett Kavanaugh’s elevation to the U.S. Supreme Court. The debate will likely focus on issues including abortion, presidential priv… Continue reading Memo to Supreme Court Nominee Kavanaugh: The Internet is not a Series of Tubes

Are Breach Disclosure Laws Unconstitutional in the Wake of Supreme Court Abortion Case?

Your company has suffered a data breach. The law requires you to fall on your sword, and—at considerable time and expense—provide a government-scripted breach disclosure notice to your customers, including the facts and circumstances surrounding the b… Continue reading Are Breach Disclosure Laws Unconstitutional in the Wake of Supreme Court Abortion Case?

Privacy is Dead. Long Live Privacy

Former Oracle CEO Larry Ellison once famously said, “Privacy is Dead.” However, privacy had been resurrected and killed more times than a Tyrannosaurus Rex in a Spielberg sequel. A recent data breach https://www.wired.com/story/exactis-database-leak-340-million-records/ involving more than 340 million records of U.S. citizens demonstrates why privacy is dead. Again. It’s dead because you never heard of…

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Supreme Court Ruling Changes as Internet Ages

On June 21, the U.S. Supreme Court ruled in South Dakota v. Wayfair that internet-based retailers had to pay state sales taxes even if they had no “physical presence” in the state where the tax was imposed. This represented not only a chan… Continue reading Supreme Court Ruling Changes as Internet Ages

GDPR: Privacy Uber Alles (Literally)

When the EU’s General Data Protection Regulation (GDPR) became effective, most companies, especially in the United States, had a  few simple thoughts. First, “Am I covered?” In other words, does GDPR apply to my activities, particularly in the U… Continue reading GDPR: Privacy Uber Alles (Literally)

Dell Computers Doesn’t Care About Fraud – And Neither Do Most Companies

A declined suspicious attempted purchase sheds an ugly light on company apathy regarding fraud Willie Sutton famously replied to the question, “Why do you rob banks?” with the answer, “Because that’s where the money is.” Same thing with hackers: Why t… Continue reading Dell Computers Doesn’t Care About Fraud – And Neither Do Most Companies

The Moonshot Information Security Project

Recently, I was reading about the U.S. government considering funding a “moonshot” information security project—that is, like the efforts in the 1960s to reach the moon (before the Soviets), abandon incrementalism in information security and try the i… Continue reading The Moonshot Information Security Project

Public-Private Partnerships: Sharing Data, Compromising Privacy

Our privacy is up for sale to anyone—even government and law enforcement agencies There are things that the government is allowed to do that private entities can’t. This includes activities such as arresting people and throwing them in jail, executing… Continue reading Public-Private Partnerships: Sharing Data, Compromising Privacy

Surveillance Sans Frontiers, Thanks to the Internet

When Congress passed the Clarifying Lawful Overseas Use of Data (CLOUD) Act, it amended the federal Stored Communications Act in a way that now requires internet companies including Verizon, AOL, Yahoo, Google and Facebook to produce records that belo… Continue reading Surveillance Sans Frontiers, Thanks to the Internet