Speech and the Internet

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…

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…

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…

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…

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 Information the Malady of Doxing, “You’ve been Doxed”

Internet information that is available to read on the Internet about someone or anyone to see is startling.  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…

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…

Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are addressing numerous issues with regard enhancing disclosures of sources of the statements being made in an advertisement.  As creativity increases so will the efforts for the FTC to find aspects, not to their liking.  As the FTC pursues companies using native advertisers or influencer programs, restrictions will…

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…

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…

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…

Cybersquatting by Website Designer

Cybersquatting by a website designer is seldom a thought of concern by potential clients who are in the midst of working or are considering the work of a website designer for their start up a business.  Terms are rarely dickered with to ensure the handling of the domain selection and eventful registration.  When an unauthorized…

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…

Copyright Challenge – Ideas and Expression

Copyright for many individuals appears to be anything they write, express, or present on paper.  By putting content on a book one assumes it’s copyrightable, whether it is text, photos, or drawings.  For a yoga studio in California this was the mindset.  That which they organized together in the form of photos displaying poses was…

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,…

Advertising Guidelines from FTC

Advertising guidelines from the Federal Trade Commission underscore the deceptive features of ‘native’ advertising.  Prior to Christmas the FTC released its “Enforcement Policy Statement on Deceptively Formatted Advertisements.”  The attention was towards the use of native advertising which is ‘dressed’ or ‘tailored’ to appear as if it is an actual editorial.  The FTC notes the…

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…

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…

Fate of the Internet

Life has changed with the Internet but it will change even more as the fate of the Internet is in court hands once again. The U.S. Court of Appeals for the D.C. Circuit will determine how Internet providers will change how we use the internet, what content will be permitted, and how we access and…

Copyright and Derivative Work

In the realm of intellectual property, copyright and derivative work gets attention when the issue of collaborative rights arises. Copyright and derivative work controversies happen when the joint contributing plans do not materialize as intended between, for example software developers, researchers, writers, or production designers. The scenario is similar to one dealt with by the…

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…

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…

Right To be Forgotten and Personal Information

The right to be forgotten and the availability of personal information is being debated in the European Union.  Google has been restricted by the EU high Court from having personal information accessible in its search process respecting the right to be forgotten. Yet, while information is not available about people on search vehicles provided by…

Spying On Emails

(Reuters) – Spying on emails has drawn the attention of the courts. A U.S. judge ordered Yahoo Inc to face a nationwide class-action lawsuit accusing it of illegally intercepting the content of emails sent to Yahoo Mail subscribers from non-Yahoo Mail accounts, and using the information to boost advertising revenue. In a decision late Tuesday…