Digital Data Disposal

Internet activity of every user generates data (digital information) as this very post generates data. Time and time again, complaints are raised regarding information that is not desired to be available online.  To some, it may be financial information to others it may be family information.  The latter may even include identifying children and personal…

Internet Cybersecurity and Data Security

Internet news events are reported daily about computer abuse, hacking, data theft and malware, nationally and internationally.  The concept of cybersecurity, as a term, appears bounced around by writers, scholars, politicians, and news media, short of carefully determining what it encompasses and how cybersecurity relates to the Internet.  Around the world the term is used…

Artificial Intelligence Liability

Liability, as an issue, seldom arises in common conversations.   When discussions in the work place occur, liability is not on the top of the list of issues.  Yet, there are a plethora of law firm ads about personal injury claims, insurance commercials, and medical malpractice issues.  From watching and reading ads you are left…

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…

Internet Computing Terms

Internet computing terms are commonly mentioned in a law firm’s discussions where the practice focuses on issues in the market engaging the Internet, and among other aspects, e.g., computing, e-commerce, data protection, software development, application development, data management infrastructure, cloud processing, and cyber security, to mention as few.  As these terms arise in conversation, contracts…

Cybersecurity Rule Setting the Mark

Cybersecurity rule ideas, so far, have been piecemeal throughout the United States despite the numerous efforts.  Opposite to the European Union’s efforts through their General Data Protection Regulation (GDPR) initiative, in the U.S. we have no such thing.  We do have bolstering amendments to Gramm-Leach-Bliley Act, embodied in the Consumer Data Security and Notification Act…

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…

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 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,…

Online Contracts Consent and Choice of Law

Online contracts trip the line that draws on possible arguments for applying the choice of law principles.  Platform terms of service, though frequently updated, may not be providing appropriate notice to inform the public user.  Data collection practices of social media platforms for purposes of claimed efforts to provide enhanced services to the user public…

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…

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…

Ransom Seeking Malware, What to know and Do

Ransom seeking malware is nefarious and it comes in different flavors.  The hedge of control is to hold hostage vital information within your network in exchange for compensation.  Healthcare providers, financial institutions, and government entities have been the victim.  Its variants and its methods are complicated means of affecting ways an entity accesses its information…

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 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…

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…

Broadcasting Competition of Distribution Agreements

Broadcasting competition of distribution agreements has been in the Federal Communications Commission’s (FCC) cross-hairs.  While under less than unusual circumstances a provider can enter into a contract to distribute its product exclusively or non-exclusively, the same cannot be said regarding agreements of communications content provider.  The concerns is with content that could draw an overwhelming…

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…

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…

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…

Crowdfunding and New Conditions

Crowdfunding, an Internet based means of raising capital is getting a lot of attention.  The attention it has garnered is not only from businesses resorting to it but from the SEC as well.  Crowdfunding is instrumental for startups and small business, but it has originally been a vehicle for fund raising for worthy and charitable…

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…

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…

Cross Device Tracking

The Federal Trade Commission has noted that cross device tracking which is a consequence of the Internet of Things (IoT) falls essentially within its auspices.  Considering the concerns with transparency and the required notices to consumers, cross device tracking is just not getting attention for purposes of enhancing consumer protection.  The advertising industry representatives as…

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…

Personal Data Privacy in Wearable Tech

The industry is concerned with personal data privacy in wearable tech you buy and use. The personal data privacy in wearable tech that is collected has gotten the attention of the consumer electronic industry and have promulgated some guidelines.  They has set a voluntary standard of principles to follow. The CEA, Consumer Electronics Association has…

CISA

CISA The U.S. Senate passed the Cybersecurity Information Sharing Act (“CISA,” S. 754). In passing it had to consider a variety of issues before it regarding the amendments to CISA.  The proposed amendments of CISA have one goal in common, to enhance privacy and strengthen the privacy. One of the issues was to clarify the…

Internet is Changing Business Models

Internet is changing business models on daily business operational practices from brick-n-mortar constructs to digital information transfers, from a letter or phone call to a “textmail” or “e-mail.” The process has brought a down scaling in what used to be large administrative organizations to efficient self-employed entrepreneurs. The latter is the future and it is…

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…

Business Risk and Trade Secret Misappropriation

Business Risk and Trade Secret Misappropriation Any enterprise large or small will experience business risk and trade secret misappropriation of some form or another. The offense of misappropriating trade secrets according to the Uniform Trade Secret Act (UTSA) is the ‘acquisition of a trade secret of another by a person who knows or has reason…

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…

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…

Encrypting Websites

Encrypting news websites is being pursued to enhance the privacy of readers. The Washington Post wants readers to feel safe from monitoring eyes. Intelligence agencies are routinely seeking to monitor readership and their internet access. But when social media sites and newspaper sites exert efforts to protect its readership and users, they thwart governmental agencies…