Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
California's prior data breach law was the first in the nation and turned out to be a model that other states used for their own data breach laws. Whether the new law will have that same effect remains to be seen but, just in case, here is the 30,000 feet view of what it does: …
Continue reading "Key Points of New California Data Breach Law – A Model for Others?"
A few weeks ago I blogged about whether an unauthorized access of a car that has a computer and is connected to the Internet would violate the Computer Fraud and Abuse Act. Did you read it? Or, did you think it sounded too ridiculous? Here it is if you want to take a look: Can …
Continue reading "Hacking a car? Yes, really…and you thought I was kidding!"
Two federal district courts in Texas have faced this issue and both refused to find that plaintiffs, to assert a civil Computer Fraud and Abuse Act claim, must meet the $5,000 loss threshold separately as to each defendant. Regular readers of this blog know I often write about the $5,000 jurisdictional loss requirement for asserting a civil claim …
Continue reading "Is a $5k loss required for each defendant under Computer Fraud and Abuse Act?"
First I would like to let everyone know that this post is personal and off-topic from my other posts. My precious daughter Clara, who is 5 1/2 years old, was diagnosed with Juvenile Dermatomyosits, called "JM", at the end of December 2010. JM is a very rare but life threatening disease when not kept under …
Continue reading "Personal: Cure “Fore” Clara – My Precious Daughter"
Employees can get into quite a bit of mischief when they have access to the company's data -- especially disgruntled employees, as we saw in yesterday's blog Computer Fraud and Abuse Act – great tool for taming an employee that’s gone off the deep end!. The mischief they can get into is increased exponentially with the ease …
Continue reading "Minimizing the risk of employee data breach and privacy mischief in the cloud"
Today I read a case that has a fascinatingly spiteful set of facts and provides a great example of how an employer can use the Computer Fraud in Abuse Act to get an injunction and put a stop to the mischief caused by an employee that is gone off the deep end. I have read …
In today's companies the sphere of influence of CIOs is dramatically increasing vis-a-vis other C-Suite executives. This point was nicely made in a blog I read earlier this morning entitled CIO's Seven Points of Key Influences that was written by Pearl Zhu. I believe that influence is even broader and also includes influence over legal …
Continue reading "The legal influence of today’s CIO"
Kinda. There, how's that for typical lawyer "advice"? Ok, I'm sorry, I don't make the law, I'm just here to advise you on how it works. The Computer Fraud and Abuse Act does not permit the recovery of costs and attorneys' fees even if you win your case. If you are the plaintiff, however, it does …
Continue reading "Can you get your attorneys’ fees under the Computer Fraud and Abuse Act?"
The Senate Judiciary Committee will hold a hearing on proposed amendments to the Computer Fraud and Abuse Act that will take place on September 7, 2011 from 10:00 a.m. to 2:00 p.m. The hearing can be watched by webcast, which is available HERE once the hearing begins. More information about the hearing can be found …
Continue reading "Senate Judiciary Committee Hearing on Updating the Computer Fraud and Abuse Act"
I have decided to stop being like Clark Griswold with my business development efforts and more like Ray Lewis. If that sounds like the dumbest thing you've ever heard just keep reading. I have been working really hard on my business development efforts. Everyone around me knows it. I have devoted a tremendous amount of time …
Continue reading "Are you like Clark Griswold or Ray Lewis?"
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