High Court Deals Blow to Data Privacy Regulations

Like the Kubler-Ross stages of grief, there are multiple stages of data breach. Anger, denial, blame, investigation, litigation, regulation and, ultimately, resignation. This includes possible class action litigation by consumers, banks, vendors, supp… Continue reading High Court Deals Blow to Data Privacy Regulations

Supreme Court considers scope of federal anti-hacking law in biggest cyber case to date

Several U.S. Supreme Court justices, including some of President Donald Trump’s appointees, skeptically questioned a broad interpretation of the main federal anti-hacking law during oral arguments Monday. The hearing represented one of the final steps in the biggest case to come before the nation’s highest court involving the Computer Fraud and Abuse Act (CFAA), written in the 1980s. The case centers on when an individual “exceeds authorized access” to a computer, as defined by that law. The law has long held a contentious place in the cybersecurity world, where it’s viewed as hopelessly vague, outdated and overly punitive. One CFAA prosecution that drew particular criticism was that of Aaron Swartz, an internet activist who took his own life before he was scheduled to stand trial for allegedly downloading articles from an academic database, in a case where he faced decades in prison if convicted. The case now before the Supreme Court involves defendant Nathan […]

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Schrodinger’s Cryptocurrency – Both Private and Not

Everyone knows that Bitcoin is an anonymous currency. Except when it isn’t. Bitcoin and other cryptocurrencies attempt to achieve the incompatible goals of providing strong accountability for transactions through blockchain and strong anonymity. If th… Continue reading Schrodinger’s Cryptocurrency – Both Private and Not

Supreme Court Looks at Computer Trespass Meaning

Federal statutes have muddied the waters on the meaning of computer trespass, but a Supreme Court case may clear the air When Congress passed a federal statute on computer fraud in 1984, it was concerned with the problem of people “breaking in” to comp… Continue reading Supreme Court Looks at Computer Trespass Meaning

Maine Suit Challenges Privacy Regulation on First Amendment Grounds

When it comes to First Amendment free speech rights, the Supreme Court has sided mostly with consumers. Will that change with a Maine case? In 2018, the U.S. Supreme Court struck down a California law that mandated that anti-abortion clinics advise pa… Continue reading Maine Suit Challenges Privacy Regulation on First Amendment Grounds

U.S. files civil suit against Edward Snowden over new memoir

The U.S. Department of Justice has filed a lawsuit in civil court against former National Security Agency contractor Edward Snowden, alleging he violated his non-disclosure agreements with both the NSA and CIA by publishing his memoir. In a suit filed Tuesday, the U.S. alleges that Snowden did not seek pre-publication review in accordance with obligations he signed while employed with and contracting for both agencies. Snowden’s book, “Permanent Record,” was released Tuesday. “The United States’ ability to protect sensitive national security information depends on employees’ and contractors’ compliance with their non-disclosure agreements, including their pre-publication review obligations,” Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division said in a statement. “This lawsuit demonstrates that the Department of Justice does not tolerate these breaches of the public’s trust. We will not permit individuals to enrich themselves, at the expense of the United States, without complying with their pre-publication review obligations.” […]

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Court Says Minor Can Be Prosecuted for Sexting

A law designed to protect minors from child pornography was used to prosecute a Maryland high school student for sexting During the 2016-17 school year, a high school student with the initial S.K. posted in a group chat for her cell phone a one-minute… Continue reading Court Says Minor Can Be Prosecuted for Sexting