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…

Details

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…

Details

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…

Details

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…

Details

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…

Details

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…

Details

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,…

Details

Trademark Nominative Fair Use and Confusion

Trademark use and the element of fair use in business snags many businesses trying to market their service or product, while seemingly using a competitor’s trademark. Liability may not be avoided by relying on the fair use defense.  Words and their message are usually held to a standard regarding the possibility of consumer confusion.  There…

Details

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…

Details

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…

Details