Mark Rasch

Cyber Law Editor

Security Current


Privacy is Dead. Long Live Privacy

Posted on: 29 Jun 2018

Former Oracle CEO Larry Ellison once famously said, “Privacy is Dead.” However, privacy had been resurrected and killed more times than a Tyrannosaurus Rex in a Spielberg sequel. A recent data breach https://www.wired.com/story/exactis-database-leak-340-million-records/ involving more than 340 million records of U.S. citizens demonstrates why privacy is dead. Again. It’s dead because you never heard of…

Till Hacks Do Us Part

Posted on: 15 Mar 2018

As a former prosecutor and defense counsel, I was often asked how I could handle dealing with criminals.  I explained that the difference between criminal law and family law was that in criminal law, you were dealing with bad people at their best. In family law, you are dealing with good people at their worst. A…

It’s 10 PM. Do You Know Where Your Data Is? By Mark Rasch

Posted on: 27 Feb 2018

This morning, the United States Supreme Court heard oral argument on a case that could decide the fate of the Cloud, the Internet, and the fate of the free world. Or not. The case deals with the thorny issue of “data sovereignty,” that is, whether the location of the data impacts the ability of governments…

Worst Responders

Posted on: 02 Jan 2018

Some years ago, I attended a training program sponsored by the United States Secret Service which was training cyber first responders such as state and local police departments, sheriff’s offices, county police, and other local law enforcement agents. I was struck by several things. First, how rudimentary the training was. Second, by the naiveté to think…

When Disclosing a Data Breach is the Wrong Thing to Do

Posted on: 27 Dec 2017

Inevitably, after a major data breach, when a company disclosed the fact of the breach, security professionals question the timing of the disclosure. “Why did you wait so long to make a disclosure?” is the outcry! Sometimes, like in the case of Uber, which delayed notification for almost a year, the criticism is warranted. But even when the…

iPhone X Facial Recognition – Human Emojis

Posted on: 21 Dec 2017

I really want an iPhone X. It has lots of cool features: a headphone jack (oops), edge to edge display (well, almost edge to edge), and the ability to create anthropomorphic poop. What’s not to like? However, as with other technologies, advances are a double-edged sword; in this case, the face ID program. The newest iPhone abandons the…

Cell Phone Access at Issue in Texas Church Shooting Case

Posted on: 19 Dec 2017

In the wake of the horrific shooting at a Texas church in November, law enforcement officials are attempting to obtain access to the contents of the suspect’s cell phone, according to published reports. The FBI Agent in Charge of the San Antonio Field Office responsible for the investigation noted, “With the advance of the technology and…

Email Privacy “In Transition”

Posted on: 19 Dec 2017

A recent kerfuffle between the Office of Special Prosecutor (OSP) Robert Mueller and lawyers representing the Presidential Transition Team (PTT) arose out of Mueller’s reported acquisition of the emails of the transition team from the Government Services Agency (GSA). Transition lawyers argue that the GSA provided Mueller’s team with emails that were subject to various privileges…

Massive Ransomware Attack – Can I Sue?

Posted on: 13 May 2017

In the wake of the massive ransomware attack which hit the UK’s NHS, and tens of thousands of businesses and individuals across Europe and the rest of the world, an attack which may have cost lives, but certainly cost millions of dollars, pounds, Euro, and bitcoin, one question looms over all others. At least to lawyers. Others…

President Issues Executive Order on Cybersecurity – But It’s Not the One You Think

Posted on: 12 May 2017

On May 10, the President released his Executive Order on Cybersecurity.  The comprehensive document is intended to set out the national strategy for ensuring that the Internet is used to promote national values, that it is secured against attack from inside and outside, and to promote national interest in security and security technology. The Executive…