Can Providing Security Be a Crime?

The purpose of security is to allow the “right” people to have access to data and resources and to keep others out. It is ultimately about having control over data and data processing and enforcing decisions about who gets access to what. In a hospita… Continue reading Can Providing Security Be a Crime?

Till Hacks Do Us Part

As a former prosecutor and defense counsel, I was often asked how I could handle dealing with criminals.  I explained that the difference between criminal law and family law was that in criminal law, you were dealing with bad people at their best. In family law, you are dealing with good people at their worst. A…

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What the Stormy Daniels Lawsuit Means for Clickwrap Contracts

Adult film actress Stephanie Clifford, aka “Stormy Daniels,” aka Penelope Peterson, has filed a lawsuit in Los Angeles Superior Court seeking the court declare that her Nondisclosure Agreement with David Dennison—aka Donald Trump, aka the Commander in… Continue reading What the Stormy Daniels Lawsuit Means for Clickwrap Contracts

It’s 10 PM. Do You Know Where Your Data Is? By Mark Rasch

This morning, the United States Supreme Court heard oral argument on a case that could decide the fate of the Cloud, the Internet, and the fate of the free world. Or not. The case deals with the thorny issue of “data sovereignty,” that is, whether the location of the data impacts the ability of governments…

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Flight Simulator Passwords Trojan Might Lead to Legal Liability

After designing the impenetrable maze that was the labyrinth (to restrain the half-man, half-bull Minotaur), Icarus was imprisoned by King Minos. To escape, he set his sights on flying—designing wax and feather wings that he and his son Daedalus used t… Continue reading Flight Simulator Passwords Trojan Might Lead to Legal Liability

What the Meuller/Russia Indictment Means for Cybersecurity

On Feb. 16, a federal grand jury in Washington, D.C. returned an indictment against 13 Russian citizens and three Russian companies for a scheme involving information warfare against the political institutions of the United States. Does this portend a … Continue reading What the Meuller/Russia Indictment Means for Cybersecurity

The Kindness of Strangers – Supreme Court and Privacy for Third Parties

A trio of U.S. Supreme Court cases – on topics like cell phone records, rental cars, and overseas storage of Hotmail accounts may change how the Internet is configured and how IoT, cloud and outsourcing agreements are effectuated in the future. What al… Continue reading The Kindness of Strangers – Supreme Court and Privacy for Third Parties

Worst Responders

Some years ago, I attended a training program sponsored by the United States Secret Service which was training cyber first responders such as state and local police departments, sheriff’s offices, county police, and other local law enforcement agents. I was struck by several things. First, how rudimentary the training was. Second, by the naiveté to think…

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