Aaron Swartz, Edward Snowden, Target Breach, Privacy and Data Security — What Do We Really Want?

Please follow me for a moment to think big-picture about a few important privacy and data security issues. Don’t over analyze, just read this and then close your eyes and think about it for a minute or two. Think big-picture.

  • Aaron Swartz believed information should be liberated — that is, free for everyone to access and have — regardless of whether the owner of that information intended for it to be kept secure.
    • The people love him and believe they believe in his cause.
    • The people believe they want the law changed so that people are free to do what Aaron did — liberate information intended to be kept secure — without criminal prosecution.
    • The people are demanding a change in the law to reflect these beliefs.
  • Edward Snowden believes that information intended to be kept secure (other than the NSA’s classified information) should be kept secure and even the NSA does not have a right to access that information in defense of the country. Because the NSA accessed this information Snowden tattled to the world and disclosed a mother lode of classified NSA documents to show what it was doing.
    • The people love him and believe they believe in his cause.
    • The people believe they want the law changed so that even the NSA does not have a right to access information that is intended to be kept secure.
    • The people are demanding a change in the law to reflect these beliefs.confused monkey
  • Target, Neiman Marcus, and a host of other merchants suffered a data breach that compromised payment card information for millions and millions of people. In essence this means that hackers devised a way to access and liberate information that the merchants and customers intended to keep secure — the information was liberated to the Dark Net where others will now use it to improve their own financial station in life.
    • The people are outraged at Target, Neiman Marcus, and the other merchants because they allowed this information to be accessed and liberated.
    • The people believe they want the laws changed to have increased punishments for those who allow information intended to be kept secure to be accessed and liberated.
    • The people are demanding a change in the law to reflect these beliefs.

Really?

Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.

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