Mark Rasch

Cyber Law Editor

Security Current


FBI Doubles Down on Apple Encryption

Posted on: 20 Oct 2014

The FBI really hates data security and privacy.  I mean HATES it. In a speech before the Brookings Institution last week, FBI Director Jim Comey called for a “legislative or regulatory fix” to the “problem” that third-party custodians of records, or providers of hardware or software make their products or services secure for their customers.  Of…

Your Bank is Listening and Recording

Posted on: 13 Oct 2014

“This call may be recorded for quality assurance purposes.”  We have all heard this missive whenever we call an 800 number, or any big company.  But when we “consent” to having our voice “recorded,” what exactly have we consented to? A recent article by the Associated Press shows how banks, credit card companies and others…

Fakebook Crimes

Posted on: 08 Oct 2014

Sondra Prince of Watertown, New York was a social media queen.  She had a Facebook page with pictures of herself splayed out on a brand new BMW.  She displayed her personal information, including pictures of her children, her license plate number, and some at least sexually suggestive photographs. This was a silly thing for Prince…

Gag Me With a Court Order: Twitter Suing

Posted on: 08 Oct 2014

Online social media site Twitter recently sued the U.S. government to allow the site to protect the privacy of its users.  Generally, you see the U.S. government through the Federal Trade Commission (FTC) sues online providers and others for not complying with their privacy policies, or for releasing consumer information without their knowledge or consent. In this case,…

The StealthGenie Spyware Indictment and Ferris Bueller’s Day Off

Posted on: 01 Oct 2014

Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it. When Ferris Bueller took his famous “Day Off,” he entrusted his best friend Cameron’s father’s 1961 Ferrari 250GT California (“less than 100 made”) to parking lot attendant Richard Edson.  When they returned to the parking lot,…

Apple the Choice of Pedophiles? Law Enforcement Just Doesn’t Get It.

Posted on: 29 Sep 2014

Law enforcement’s response to the announcement by Apple (and later Google’s Android) that it would be encrypting by default the contents of users’ phones was met with predictable outrage by some representatives of the law enforcement community.  This outrage is fundamentally misplaced, and shows just how “out of the loop” the law enforcement and intelligence…

Apple’s Technical Solution to Surveillance Legal Issues

Posted on: 18 Sep 2014

I recently wrote about the efforts by the U.S. Government to force Microsoft to deliver the contents of a customer’s e-mail located in Dublin, Ireland. The Court in New York ruled that the computer giant had to deliver to the U.S. grand jury the contents of someone else’s e-mails (not Microsoft’s) in a foreign country,…

Comcast (Heart Symbol) Tor

Posted on: 16 Sep 2014

In the past few days, there have been reports that Comcast, the Philadelphia-based Internet giant (and broadcast giant, and content giant, and giant giant) has been monitoring its users’ activities and has been blocking users’ use of TOR privacy enhancing services. The reports have indicated that Comcast considers the use of TOR to be in furtherance…

A Touch of Class (Action) – Models Sue Apple

Posted on: 15 Sep 2014

There is a predictable pattern when it comes to a data breach. First, the company involves touts its “state of the art” security.  Please, come to us — share your most intimate information with us.  We use “state of the art” or globally recognized or some other euphemism for “we do what everyone else does”…

There is No There, There — Microsoft Indicates Won’t Comply with Court Order

Posted on: 15 Sep 2014

When asked about the Internet, Gertrude Stein famously remarked, “there is no there, there.”  Well, maybe it wasn’t about the Internet. On September 7, in a federal court in New York, Microsoft indicated that it was not going to comply with an order from the Court compelling it to produce to the United States government…