Cloud Data Usage

Cloud storage of data for business brings efficiencies and as well could bring unbeknown reasons for concern.  Transmitting data through varied network in daily process comes with numerous issues regarding security, privacy and the amount that is being transmitted, i.e., load.  Data is not static and neither is how it could be directed for load…

Cybersecurity Responsibility

Cyber aspects of business functions involving the Internet, email network systems, and cloud platform usage are related to the need for data security.  Cybersecurity responsibilities are, at times, not met with the requisite level of diligence for compliance in managing data and transfers in daily work process.  Standards for compliance, for many businesses, institutions, and…

Consumer Privacy versus Data Economy Ecosystem

We all hear about privacy needing protection and we also read about the events that have led to infringements of privacy on the occurrence of data breaches.  Essentially, privacy is desired by all and many believe that it is an aspect of life that is common understanding and it is worth respect and consideration. The courts have…

Data Privacy

Data protection sought in daily entity operations and in its actual delivery of services, should coexist with the responsibilities for consumer data privacy.  This second piece follows its previous writing which addressed the coexistence of protection and privacy from an institutional perspective.  In furtherance of that theme, this piece will touch upon the organizational aspect involved to see…

Business Data a Trade Secret

Business data in business could be considered a trade secret as it is an essential component of analysis and decision-making.  Businesses cannot compete without relevant data for their administration, process and service delivery.  Trade secrets in database records have value.  Such secrets are sought for competitive reasons. Intruding, a kind word for hacking, into another’s…

Doxxed Personal Internet Information

Doxxed personal information is startling to many. There is a lot to be said about the amount of information available on the Internet.  Many are surprised on how their information got on the Internet and the ease with which public information and personal information can be retrieved and researched.  It goes without saying about how…

Internet of Things Security Claims

Internet of Things security claims have caught the attention of lawmakers and regulators. The Internet has been interesting to follow and work with as a realm of process and information exchange.  As the devices used to transmit information increase in our lives and work, protecting what is transmitted from unwanted eyes is not necessarily going…

Software Patent Filing Abstract Snags  

Software patent filings have gone through snags during the approval process.  For many, not having a clearly stated specific enhancement to preexisting software was a liability to the filing’s success.  Failing to satisfactorily describe a technical improvement on providing the innovation to the previous invents is another snag.  Not distinguishing the innovation from previous filings…

Data Security Negligence

Data security responsibilities are, at times, not met with the requisite level of diligence for compliance.  Standards for compliance, for many businesses, institutions, and service entities, are not as specified as one would be drawn to believe.  The disjuncture between responsibilities and efforts are becoming more evident with passing days as cyber incidents leave alarming…

Internet Cloud Options

Internet cloud options for data computing services are developing as the concept catches on.  Incidents of a breach, contract disputes, hacking, and ongoing lawsuits are serving the way for conditions to be highlighted.  Nascent, cloud computing contracts were conceived as a data storage solution for businesses, municipal entities, and state organizations.  So long as remote…

Online Personal Information, What’s the Harm?

Personal Information is accessed so easily through the Internet that it causes concern for its privacy, handling of personally identifiable information (PII), and its correctness. With the use of a credit card and picking anyone’s name and selecting a state of some form of known or suggested relevance to an individual, anyone can acquire information on one’s profile. Whether…

Trade Secrets in Databases

Database as a Trade Secret Trade secrets in database records fall victim to many who seek the potential value of stored records from a variety of entities, either from government agencies and competitor businesses, to also include medical and financial enterprises, and even from their own employer or client.  Intruding into another’s database is becoming…

Internet Speech Immunity

Internet speech immunity exceptions are sought frequently by individuals and businesses who are affected by someone else’s comments about them via an online site.  Online sites are today’s marketplace of ideas to enhance the “competition of the market.”[1]  And so, the claim usually asserted is a defamation claim directed to the website from where the…

Website Crawling and Data Scraping Thoughts

Website crawling and data scraping have burdened the growth of e-commerce as website owners are witnessing their data scraped.  The legal questions have lingered.  Many questions stand out.  The prevalence of crawling and scraping has become too of the norm for those using web content for business, research, or marketing purposes. The common theme is…

Data Security Practices

Data security practices are increasingly becoming a theme among management and employees in the administration of business and their daily work process.  The common element in data breaches is the element of human negligence, training or the underestimation of needed attention.   The extent that incidents are occurring, information technology personnel and operations personnel are finding…

Data Breach Notification and the Ransomware HIPAA Question

Notification of a data breach is a worrisome step of any governmental entity, association, medical office, law office, data management entity, and even of a school or university. The provisions that attempt to address this progressing act of cyber attempts to acquire data, of any sort, are evolving.   An initial reaction to an incident is…

Data Breach Insurance

Data breach insurance is becoming a growing concern and a topic for businesses to address their risk management administrative panoply. Considerations may sway a business towards a third-party insurance coverage or a first-party insurance coverage or both depending on the services provided.  Previously posted writing regarding the cyber insurance needs, we discussed the limits that…

Data Breach Case Standing and Relevance of Harm

Data breach case standing is the critical element in determining the case’s viability to continue along with the relevance of harm incurred.  As data security breach occurrences amount with frequency, the menu of their handling also adds to the list of settled and or filed. The usual person is petrified when hearing that his or…

Computer Abuse by Password Sharing

Computer abuse can occur by the simple act of password sharing to gain access to a computer and its network. Password sharing for use of a computer is seldom realized as a wrongful use.  It is as well not realized by many account holders that sharing their account passwords or access passwords is as well…

Cloud Storage of Data Across Borders

Cloud storage of data for business brings efficiencies and as well could bring unbeknown reasons for concern.  Data is not static and neither is how it be directed for load balancing.  It is not only stored, it is shared via transfers and as such it is accessed by users. How the data is accessed and…

Cloud Service Agreement Considerations – Business and Legal Issues II

Cloud service agreement considerations are many but few are addressed when cloud subscription services are sought.  In previous posts on this subject, the emphasis was on having an exit strategy[1] and embracing the possible regulatory requirements.[2]  A business’ or an institutions’ data could be at the mercy of the cloud service provider (CSP).  The growth…

Data Security Law and Internet Security Law

Lorenzo Law Firm is a presenting vendor at the Safety, Security, and Survival Expo in North Florida.  As data security law issues are presented, factors to considered will be discussed.  Everyone’s day to day interactions exposes them to privacy issues.  Whether one is at the doctor’s, taking the car to the shop, filling out an…

Cloud Computing Service Considerations

Cloud computing service considerations are developing as the concept catches on.  Incidents of a breach, contract disputes, hacking, and ongoing lawsuits are serving the way for conditions to be highlighted.  Nascent, cloud computing contracts were conceived as a data storage solution for businesses, municipal entities, and state organizations.  So long as remote access was guaranteed,…

Internet Security – Passwords’ Way into a Life

Internet account security and weak passwords are all too common when causes to cyber incidents are investigated.  The ease of use of one’s birthdate, anniversary, and the incredibly savvy use of ‘admin’ or ‘password’, not to mention ‘12345,’ has gotten many in a serious predicament.  Not following through on login processes and seeking shortcuts has…

Internet, Internet of Things and Cyber Threats

Internet of Things or “IoT,’ as commonly referred to, have proliferated our culture and will continue as they acquire growing attention with functionality and ease.  Their attraction is in their usefulness engendering efficiency, productivity, and an expectation of enhancing one’s fitness and along with self-awareness. The idea of IoT has brought the attention of platform…

Trade Secrets Extraordinary Provisions

Trade secrets are going to be dealt differently now that the President has signed into law the new Defend Trade Secrets Act (DTSA).  Through the bipartisan efforts of Sen. Orrin Hatch, R-Utah, and Sen. Choons, D-Del., DTSA is meeting the desired measure that has long been sought by businesses to address the delicate nature of…

Internet Technology and Employer Internet of Things

Internet technology and the internet of things pervasive expansion in our everyday lives has become a crazy, a thing to do, and something to use by employers.  The risks of privacy are overlooked as well as liabilities when an employer goes too far.  The application of technological uses to keep track of employees, staying in…

Data Security and the Internal and External Cyber – Insecurity

Data security and the insecurity of electronically stored information (ESI) is ephemeral and any anticipation of its occurrence or origin is absolutely unpredictable.  All attention is always on the external incidents but little is focused on the internally sourced infraction.  Seldom do entities envision the internally sourced incident.  The risk from internal unauthorized access to…

Data Security Relevance to More than Just PII

Data security relevance is customarily popping up in everyday life, business, and in our system of society.  To think that billions use handheld devices for entertainment, staying informed of news, and to also be able to know where they are and where they are going, there is another segment of our network life infrastructure, growingly…

Data Security Breaches Settled and Filed

Data security breaches are becoming too common for comfort and ease as we engage in daily as participants in the marketplace.  Companies, governmental institutions, nonprofits, and organizations are quickly learning that cyber incidents could be a day away.  If they claim that their information is secure their claim can be checked and they can be…

Internet Service Providers New Privacy Rules

Internet service providers (ISP) are being pressured for enhanced privacy practices by the Federal Communications Commission (FCC).  Commissioner Wheeler’s proposal issued March 11th seeks to regulate ISPs and their handling of consumer information to heighten consumer privacy protection.  The FCC issued its draft Notice of Proposed Rulemaking (NPRM) focusing on ISPs and not on websites,…

Internet of Things, Risks and Security

Internet of things and the interconnectedness of devices has inherent drawbacks.  Initially, the convenience of using interconnected devices overcomes the awareness of the lack of control over the information that is gathered about their use.  The convenience and allure of the novelty of Internet of Things catch everyone’s whim to acquire the latest. But unfortunately,…

Consumer Data Security Claims Monitored

Consumer data security claims by many businesses seek to settle the fears and doubts of many consumers engaging in electronic payments.  Those representations should be tempered with an accurate description of its practices to keep consumer information and transaction data secure.  Several agencies have been tasked with a different scope of authority.  Data security has…

Privacy Issue of FCC over ISPs

Privacy is a late to-come-by issue of the Federal Communications Commission (FCC) as Internet Service Providers (ISP) were reclassified.  As part of the push for net neutrality, ISPs were soon to be treated as common carriers by the FCC.  This has left the door open for broadband providers to access customer information that is proprietary…

Music Access Going Offline

Music Access in time past was always a concern for the nostalgic music enthusiast, especially the desire to hold on to music treasures from one’s growing up years. There was the concerned about scratching and breaking and not being able to find another issue.  The digital innovation has liberated the music industry allowing for creative…

Cyber Security Events and Lessons of 2015

The process of cyber security is an everyday occurrence in every entity, from government to small and large enterprises.  A handful of events took place in 2015, each shedding a lesson or two going forward.  Counseling clients on requirements always involves sharing best practices, despite them not being a guarantee.  But always the focus is…

Child Privacy and the Apps They Play

Child privacy while playing with apps is something to consider.  The Federal Trade Commission (FTC) has been concerned.  The aspect of how information, that is children’s personal information, is shared with advertisers and the related networks brings to mind the requirements of the Children Online Privacy Protection Act (COPPA). In 2013, the FTC amended the…

How Private is our Privacy

Privacy may not be as private as we would consider, and not much more than what we are capable of to keep private, as long as we live a cyber life.  Take for instance, the wearables that caught the craze throughout 2015 and became a popular item to buy at Christmas and other items that…

Cybercrime Considerations for Cases

There are cybercrime considerations for cases as well as there is a judicial learning curve when it comes to cybercrime and judges  are not alone.  Cybercrime harm cannot be assessed with the mindset of assessing punishment as if it was a physical criminal act without assessing the extenuating consequences of a cyber-criminal act.  In cases…

Cloud Technology Use for a ‘God View’

Uber’s cloud technology use for a ‘God view’ was exciting to experience among its employees.  With every innovative creation there is always the bit of excitement and a bit of dreaming of the capability devoid of cognition for security and for its ramifications.  To insert concepts of security and considerations of ramifications is a downer,…

Cybersecurity Breach Aftermath with FTC

Cybersecurity and cybersecurity breach are difficult topics to discuss with clients because of the unknown variants and for their simple trepidation toward addressing the vulnerabilities and investing the capital for prevention and training.  From internal planning involving establishing a process to addressing external intrusion possibilities they tend to be cumbersome for a company’s administration to…

Digital Copyright Disputes and First Sale Defense

Digital copyright disputes throw around terms such as “sale”, “license”, “first sale”, and “right ownership.”  The distinction of these terms began in 1908 by the Supreme Court determining that a “sale” serves as a defense as opposed to a “license” under a copyright claim.[1]  In a cited case, Bobbs-Merrill, the defendant purchased copies of a…

Digital Economy Fighting Copyright Piracy

Digital economy partnerships drawing close to fight copyright piracy have struck a chord that could have a significant impact to prevent Internet digital media piracy.  The piracy of digital media is an international cottage industry costing billions.  From content creators, ISPs, advertising agencies, network systems, and search engines, to data managers, and e-payment platforms, have…

Cybersecurity, Internet of things in the Last Quarter

Cybersecurity and internet of things did capture Capitol Hill in this last quarter of 2015, pardon the football metaphor, and needless to say net-neutrality as well.  With physical objects being interconnected and collecting user data and sharing data as well, regulators and privacy groups saw the improved efficiency accompanied with the torment of loss privacy…

Cloud Service Use and Having an Exit Strategy

Cloud service uses, methods and liability considerations are all involved in an appropriately devised exit strategy for any enterprise.  This could be in the form of a backup method for redundancy in service delivery or data management.  For many businesses, the cloud use transitioning process is key for being able to maintain reliable services.  Minimizing…

Identity Theft Event Responses

Identity theft laws in states may vary by state but a notice requirement is common among them.  The frequency and extent of data breaches is staggering with the Identity Theft Resource Center (ITRC) recording over 700 breaches so far recorded in 2015 affecting roughly 200 million records.  The previous year, the ITRC recorded for 2014…

Cybersecurity Buzz in Washington

Cybersecurity is at issue and a buzz in Washington with a bit of urgency and cluelessness.  From addressing anti-hacking methods to cyber security threat sharing, Congress, federal agencies, and the White House are trying to flatten their learning curve.  Private companies have been drawn in to give their two-bits and compare notes on cyber security…

Internet Technology and Encryption

Internet technology and encryption is placed at the forefront of the debate about how to process, store, secure, report, you get the picture, of communication that are otherwise deemed private.  The discussion embraces the ideas of using back-door means for law enforcement to peruse and search for possible suspects of the terror and their plots…

Trade Secrets Act Update

Trade secret law and practice is about to change if Congress pursues the “Defend” Trade Secrets Act with the current provisions.  Not only will the practice change, rights as well as competition, may be affected for the worse.  The attention that this legislative activity is getting regarding trade secrets is scant to say the most.  …

Consumer Harm in Data Breach Cases

Consumer harm in data breach cases is a critical element to be proven.  Many cases are dismissed when standing is not established.   Commonly, the claims raised assert that some sort of reasonable and appropriate security measures to protect personal identifiable information in a company’s networks was not implemented. Any failure to do such is arguably…

IP address and You

An IP address and you are central to how the Internet functions.  The IP address reveals information about you, your trends, location, and a whole lot more.  By use of an email, say sending an email, the recipient can learn your location.  Through the IP address your internet service provider can be learned as well.…

Cloud Access Security Broker

As service providers and developers seek to encourage cloud service adoption, the role of a cloud access security broker, i.e., CASB, is seen as central to the effort.  The efforts to arrive at standard practices for cloud data security processes, are essential operational benefits of employing a CASB.  The role of a CASB is enhanced…

Standing in Data Breach Cases

After years of hesitation to find standing in data breach cases, federal courts are now viewing factors to base standing.  When the matter has been the disclosure of personally identifiable information (PII), the courts have not found standing in data breach cases because they required evidence of actual usage of that PII.  The actual suffering…

Personal Identifiable Information under VPPA

Digital media law and the digital media industry wrestles with how courts define personal identifiable information under the Video Privacy Protection Act.  This definition is important to companies that stream deliver videos to customers. How broadly the court define the scope of liability will remain a concern with personal identifiable information under the VPPA. In…

Developing Apps

Developing Apps Developing apps could be thrilling and troubling.  Of course, it is the thrilling aspect or expectation that drives the creative ideas.  But what is not thought of is the necessary planning that is crucial for it to be successful.  Simple creation is not enough.  Long before that, just the thought of an idea…

Security of Internet of Things

The security of internet of things is unknowingly pervading our everyday life.  Items that can be remotely accessed for information, turned on to operate, adjust their operation settings, and process into a network are all fraught with vulnerabilities.  Security of internet of things is just becoming news worthy to some and ignored by great majority.…

Electronic Stored Information Business and Email Records

Electronic Stored Information Business and Email Records are a fundamental element in today’s business environment along with email records.  Today the great majority of business runs on computing information that is stored and shared, transferred, and collaborated on within a network.  Technological network where electronic stored information (ESI) serves as business records and communications by email…

Cloud Service Considerations – Business and Legal Issues

Software service – Data storage – Data Management – Internet Security Cloud service considerations – business and legal issues include many operational facets of a business’s management.   Each may have their own unique risks as well as benefits.  Cloud services are not new.  Remote access to business data has been part of business and…

Trade Secrets and Employee Misappropriation

Employers overwhelmingly experience theft of trade secrets and employee misappropriation of employer intellectual property.  Employees transferring company confidential communications, business information, and items normally considered trade secret to a thumb drive or personal drives and accounts, could face being sued for a sundry of claims, including misappropriating trade secrets (violating the Uniform Trade Secrets Act),…

Balancing Privacy and Encryption

There is no perfect security when balancing privacy and encryption. However, companies storing and collecting data are obliged to focus on higher protection levels. End user controls are receiving greater attention as events increase in frequency. The unfortunate aspect is the prevalence of naiveté about security among users of smartphones, laptops, tablets, and cloud applications.…

Copyright Preemption

Issues with copyright preemption from state court to federal court become germane under the Copyright Act.  A recent decision in federal court dealt with the issue where what was being claimed was about ideas expressed in a tangible form in a software program, i.e., Spear Marketing, Inc. v. Bancorp South Bank. The Fifth Circuit determined…

Data Protection Harm

Data Protection Law – Consumer Protection Law Data protection harm has become key in courts determining standing in data breach cases.  Data protection harm was analyzed in a case involving breaches and hacking of personal information.  The 7th Circuit’s attention was drawn where it reversed a district court ruling holding that where future harm suffices…

Software Development

Software development and implementation is critical to the growth of a company’s innovation program. The source code is software development is a valuable trade secret and is transferable easily through varied mediums.  This is a challenging concern for trade secret – software owners. Challenging issues for intellectual property owners and the pursuit of prosecuting trade…

Cyber Security and Assessing Cyber Liability – An Internet Law Lawyer’s comment

Cyber security is an aspect of insurance that new and growing and with it there is the need to assess liability and the needs of the business.  Securing insurance coverage for cyber-attack events should address your cyber liability. Considerations should address monitoring, risk assessment to prevent gaps in coverage, lower deductibles with the use of…

Internet of Things and Google

Internet of things and Google is the theme underlining Google establishing an internet of things (Iot) central system called Brillo. Google Brillo is designed to run on and connect multiple low-power devices, connecting anything from a washing machine to a rubbish bin and linking in with existing Google technologies. The move is an expansion of the company’s…

Email Vulnerability

Email vulnerability to hackers has many cyber security experts concerned.  With the White house emails being hacked, along with the former Secretary of State’s in private servers, encrypted email system are too vulnerable to attack by sophisticated hackers who may be working for foreign powers. Obama carries a specially secured BlackBerry device for top-secret communications. It appears…