Mark Rasch

Cyber Law Editor

Security Current


How the Cops Are Killing the Cloud

Posted on: 29 Jun 2014

What privacy rights do people have for data in the cloud – and more importantly, how can they assert them? A recent case out of New York answers that question as “very little” and “you can’t.” That’s bad for the Cloud, bad for social networking sites, bad for business, and bad for privacy.  In the long…

Court Rules You can be Compelled to Hand Over Decryption Key

Posted on: 28 Jun 2014

Earlier this week, the Massachusetts Supreme Judicial waded into the Stygian waters of the interplay between technology and the Fifth Amendment – determining for the first time whether a person could be compelled to provide the government with the decryption key protecting the privacy of documents contained on their computer. Under the specific circumstances of…

Supreme Court Rules that Police Need Warrant to Search Cell Phones Data

Posted on: 25 Jun 2014

In a stunning unanimous decision, the United States Supreme Court ruled against the government finding that police generally need a warrant to search the data contents of a cell phone after they have arrested a suspect. The decision was important because it recognized, in several ways, how technology can impact the rights of privacy, the…

Your Car and the Internet of Things

Posted on: 04 Jun 2014

My 14 year-old-car finally died, so I bit the bullet and bought a new one – with bells and whistles.  The new car has keyless entry, keyless start, integrates with my phone, contacts, traffic., weather, Facebook, etc.  My old one had a rickety old GPS that was OK for getting home. But all the new bells…

Nothing to Hide

Posted on: 22 May 2014

When faced with government demands for privacy related information, many citizens exclaim, “If you have nothing to hide you have nothing to worry about.” That’s why people aren’t generally up in arms about things like automated license plate readers, facial recognition, or even surveillance drones for law enforcement. “If you have nothing to hide you…

Paying for Privacy

Posted on: 19 May 2014

What would YOU do for a Klondike bar? Would you be willing to tell Unilever (the parent company that makes Klondike) your sexual orientation, political preferences, the fact that you are having an affair with your next door neighbor, and provide your financial records, healthcare records, viewing habits, and other personal information?  I mean, it’s…

Borderline Legal

Posted on: 14 May 2014

We all know the feeling of going through customs, and having some random blue gloved official rummaging through a few weeks of dirty laundry. The U.S. government has long tried to apply their legal authority to search luggage at the border to search things like the contents of laptop computers, hard drives, iPhones, iPads, or…

No Ordinary Container

Posted on: 29 Apr 2014

Earlier today, the United States Supreme Court heard oral argument in two cases involving police authority to search the contents of cell phones without a warrant after they have arrested the person possessing the phone. To the police, the answer is simple.  After a person is arrested, the police have the authority to frisk them,…

NBA Blues

Posted on: 29 Apr 2014

LA Clippers owner Donald Sterling is in a lot of hot water over remarks he made to his ex-girlfriend, V. Stiviano  (aka  María Vanessa Perez, aka Monica Gallegos, aka Maria Monica Perez Gallegos, aka Maria Valdez), which Stiviano apparently recorded and intends to use as leverage in connection with a multimillion dollar lawsuit filed by…

Through Any Means Necessary

Posted on: 23 Apr 2014

On April 29, the United States Supreme Court will hear oral argument on a case involving the right of the police to search the contents of a cell phone which is in the “grabbable reach” of a person they have arrested. The government makes several arguments in support of its assertion that it may copy, search…