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…

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…

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…

Cyber Security Claims

Cyber security claims are seldom tempered with an entities acknowledgement of its insecurity of electronically stored information (ESI) and its handling of consumer personal identifying information (PII).  Their efforts and planning executed, though they may be diligent, cannot anticipate cyber incidents and breach incidents nor should their efforts to prevent them be overstated.  All attention…

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…

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 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…

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…

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…

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 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,…

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…

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…

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…

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.…

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…