Examining the Global Impact of AI + Cyber + Data + Privacy + Law = Business Risk
I had the pleasure of joining the DtR Gang for another podcast on Down the Security Rabbit Hole and, as usual with this bunch, it was more fun than anything — but I learned a lot as well. Let me just tell you, these guys are the best around at what they do and they’re really …
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Today I had a blast doing a podcast on the CFAA, Shellshock, and cyber security research with Rafal Los (@Wh1t3Rabbit), James Jardine (@JardineSoftware), and Michael Santarcangelo (@Catalyst) — in fact, we had so much fun that I suspect Raf had quite a time trying to edit it! The starting point for our discussion was a recent article …
Continue reading “Podcast: CFAA, Shellshock and Cyber Security Research — What the Heck Do We Want?”
For all of the things the CFAA may (or may not) require, it does not require taking actions to prevent the hacking of others. We are not (yet) the guardians of the hacking universe! In a factually interesting case that offers a great read on attorney professionalism, the United States Court of Appeals for the Seventh …
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The point of the article that is the source of the quote below is exactly right: there is no consistency, cohesiveness, or harmony with the cyber crime and data privacy laws. I believe there are several reasons but these are the two that are most prominent: The cyber crime and data privacy laws are a patchwork collection …
Believe it or not, there really can be a case of “computer fraud” that is NOT covered by the Computer Fraud and Abuse Act (CFAA). Surprised? Let me explain. The CFAA is an “access” crime that requires there to be an unlawful “access” to a computer by either accessing a computer “without authorization” or “exceed[ing] authorized access.” …
This morning I have the privilege of speaking at the Collin County Bench Bar Conference and talking with a tremendous group of Collin County Judges and Lawyers about the risks that lawyers, their clients, and their law practices face from data insecurity issues. Here is the Prezi presentation that I will be using – take …
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I often write about corporate espionage and trade secrets but I bet some of you may still be trying to imagine real-world scenarios that demonstrate exactly what those terms mean and how they apply. Let me tell you a story and see if it helps it make more sense. Let’s Talk About Your Business Let’s say …
Is Texas a good state for a plaintiff to bring a Computer Fraud and Abuse Act (CFAA) claim? Yes it is, and a recent case reaffirms that the Federal District Courts in Texas are generally favorable jurisdictions for plaintiffs with CFAA claims because of two key issues, access and loss jurisprudence. On February 3, 2014, the …
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Much has been written about the circuit split with regard to Computer Fraud and Abuse Act access jurisprudence. While this has been the primary focus of attention, there has been a similar divide among the district courts with regard to the loss jurisprudence. Given that the $5,000 loss requirement is the jurisdictional threshold that must …
During a Senate Select Committee on Intelligence public hearing on Wednesday, January 29, 2014, Senator Ron Wyden asked CIA Director John Brennan if the Computer Fraud and Abuse Act applied to the CIA. Director Brennan deferred answering for a week. Here is the dialogue: Senator Wyden: “Director Brennan – question with respect to policy. Does the …
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