Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
Hey! Any chance you’ve heard anything in the news lately about law firms being under cyber attack? If not, first, crawl out from under that rock; second, take a look at these articles. Wow. Can you believe it? Law firms? Under cyber attack? What is this world coming to? A few years ago, I did a …
Continue reading “Law Firm Cybersecurity: I Hate to Say I Told You So But …”
Spoiler Alert: According to the article below, in a recent podcast the FBI “warned against paying ransoms” and doesn’t like to see companies pay the ransom because, the old law of supply and demand just means that ransomware is more profitable and, therefore, we see more of it. The reality is, however, once hit with ransomware, …
Continue reading “FBI Guidance: How to Respond to Ransomware”
The Dallas Court of Appeals recently decided a civil case involving claims under Texas’ unauthorized access of computer law that provides some helpful guidance for this relatively new law that has very little case law construing it. The 3 takeaways that follow are the key legal principles that apply to this law as set forth …
Continue reading “3 Key Takeaways About Texas’ Unauthorized Access Law”
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)”
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 …
Continue reading “Be Careful of Commentary on 7th Cir.’s Fidlar Tech CFAA “Intent to Defraud”Case”
A party who accesses a computer pursuant to a court order authorizing him to seize and access the computer will not be found in violation of the Computer Fraud and Abuse Act if such order is later overturned. “An essential element of a CFAA claim under 10 U.S.C. § 1030 is that the [defendant] accesses a …
Guest Post by Cassie Phillips You can’t have spent more than a week on the internet without hearing about malware and its adverse effects on your computer or even your smartphone (smartphone malware is on the rise as well). Perhaps you’ve even had to spend half a day cleaning it off your computer yourself. It …
Continue reading “Social Media Malware: What Is It and How do You Avoid It?”
Of all the examples of pompous extravagance the legendary rock band Van Halen exemplified, one that has always stood out was the band’s contractual requirement that the dressing room has M&M’s — but warned there were to be no brown M&M’s. If any were there, the band had the right to cancel the concert at the …
Continue reading “What Do Cybersecurity, Brown M&M’s & Credit Ratings Have in Common?”
As the Cybersecurity Information Sharing Act (CISA) is making its way through the Senate, it has stirred up more controversy with Senator Sheldon Whitehouse’s proposed amendment to the Computer Fraud and Abuse Act (CFAA), that he argues, would give law enforcement more tools to fight hackers. The Amendment would provide for increased sentences (up to …
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