Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
On February 25, 2016, Apple filed its Motion to Vacate the Court Order requiring it to assist the government. Here is a summary of Apple’s *legal arguments* in its Motion to Vacate in less than 300 words: The government wants Apple to help it circumvent the encryption on a device. Congress has examined the issue and …
Continue reading “Apple’s Legal Response in Less Than 300 Words #AppleVsFBI”
On December 6, 2015, FBI investigators reset the password of Farook’s iCloud account, taking what it believed was the logical next step to gain access to the iCloud backup data. Turns out, that was the wrong move. The phone had not been backed up in nearly 2 months and, had FBI not reset the password, …
Continue reading “The “Legal” Reason the FBI’s Password Blunder Could Kill its Case in #AppleVsFBI”
The USA v. Apple battle is one of the hottest issues currently being debated in cybersecurity, privacy, law enforcement, and perhaps even, water coolers in offices around the country. What the debate is lacking in substantive, factually-based, well-reasoned analysis, it certainly makes up for in passion and strong opinions. If you are not convinced, spend …
Continue reading “Making Sense of #AppleVsFBI Issues: #DtSR Podcast”
The law develops by the process of incrementalism. That is, it is a slow, gradual development, step by tiny step. In the United States, judicial decisions that fill the gaps in between the constitutional and statutory law and helps those bodies of law evolve. Each case sets a precedent, or foundation, upon which the reasoning for …
Earlier today I attended a monthly committee meeting to discuss the current cybersecurity threat landscape. This is a small group that meets around a conference table, somewhat informally, and consists of members of federal and state law enforcement as well as a few individuals in the private sector who are involved in cybersecurity. Those of …
Continue reading “The #1 Current Cybersecurity Threat to Business in DFW (2/18/16)”
The CIO Journal has an informative article, 4 Ways to Engage Executives in Cyber Risk, that discusses a handful of ideas that can be helpful for engaging company executives on the issue of cybersecurity risks. Here are the 4 steps it suggests: Host a cyber risk heat-mapping session Establish key risk and performance indicators Simulate …
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An article in eCommerce Times offers a well-reasoned argument for why the NIST (National Institute of Standards and Technology) Cybersecurity Framework is the guiding force in shaping the United States’ federal cybersecurity strategy: NIST Risk-Assessment Framework Shapes Federal Cybersecurity Strategy You should read it — but only after you read the following explanation because it is …
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TAKEAWAYS: If your company intends to limit its employees access to certain information on the company network, (1) make sure appropriate technological restrictions are in place and are working; and (2) make sure there are appropriate policies or other documentation in place to show the employees subjectively knew it was off limits. When an employer …
I have read several blog posts that are stating, as a blanket proposition, that you must prove intent to defraud for CFAA claims. This, they say, comes from the recent Seventh Circuit Court of Appeals case, Fidlar Technologies v. LPS Real Estate Data Solutions, Inc., 2016 WL 258632 (7th Cir. Jan. 21, 2016) (opinion). This is …
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UPDATE: The House and Senate have passed the Judicial Redress Act which gives EU citizens the right to seek redress in US courts for the misuse of their personal data. The EU – U.S. Privacy Shield signals greater cooperation between the EU Data Protection Authorities and the Federal Trade Commission, according to a Fact Sheet …
Continue reading “EU – U.S. Privacy Shield Summary & Fact Sheet for Businesses”
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