Mark Rasch

Cyber Law Editor

Security Current


Sharing is Caring

Posted on: 14 Apr 2014

In pre-school, we were taught (well, before it was considered the mark of creeping socialism) that sharing was good.  Share your toys.  Share snacks.  Why we even shared colds, flu’s and viruses.  That’s how much we cared.  But when it came to sharing information about information security vulnerabilities, incidents, threats and solutions, companies (well, their lawyers) frequently…

Dodging the Bullet

Posted on: 11 Apr 2014

When the point of sale terminals at Target were hacked last December, issuing banks (the banks that issued credit cards to consumers) were on the hook for millions of dollars it cost to reissue these credit cards to their customers and potentially for the cost of fraudulent charges on these stolen cards. So they went…

Valuing Privacy

Posted on: 08 Apr 2014

What’s your privacy worth? That’s not a theoretical or hypothetical question.  Give me a dollar value.  If someone were to read your bank statement, view your medical record, know your driving history, or even details of your sex life, how much – in a dollar figure – would you be harmed or damaged? C’mon.  Give…

Faking Forensics

Posted on: 07 Apr 2014

You have mail.  Maybe.  And that’s the problem. We admit electronic evidence into court and rely upon it in our day-to-day transactions all the time.  But can we really and truly authenticate it?  The answer is almost.  Which means actually, no.  But it’s good enough for government work.  Which is to say, not really good…

Clone Wars: Robolawyers Acting as Laywer, Judge and Executioner

Posted on: 24 Mar 2014

Copyright lawyers are being replaced by robots – well, algorithms at least.  And this is not good for lawyers.  It’s also not good for copyright holders, and those who make fair use of copyrighted works. The current robolawyers are making copyright infringement decisions, and acting as lawyer, judge and executioner in copyright cases in nanoseconds. …

How a Quirk in the Law Lets Google Own You

Posted on: 21 Mar 2014

In general, it is illegal for people to read your email, intercept your text messages, or listen in on or record your telephone calls. In fact, the federal wiretap law, 18 USC 2511, and various state wiretap laws codify this fact. There are, of course some significant exceptions to this statute.  First, if any (or…

Do Employees Have an Expectation of Privacy at Work

Posted on: 20 Mar 2014

Employees have no expectation of privacy at work, right?  And this is especially true for government employees working on government computers on government networks? Right? I mean, the log on banner expressly says that there is no expectation of privacy, and that the government – both as government, as law enforcement, and as employer can…

Through the Looking Glass

Posted on: 18 Mar 2014

In Lewis Carroll’s “Through the Looking Glass” Humpty Dumpty tells Alice [the one of Alice in Wonderland], “When I use a word, it means just what I choose it to mean — neither more nor less.” Alice replies, “The question is, whether you can make words mean so many different things” to which Humpty replies,…

Attorney Client Privilege and the NSA

Posted on: 17 Feb 2014

The New York Times recently reported that the NSA, through intermediaries in Australia, was actively engaged in collecting communications between the Government of Indonesia and their U.S. law firm hired in connection with a trade dispute.  The case, and its logical consequences, raises the questions of whether or not there is anything left of the…

House of Cards

Posted on: 12 Feb 2014

Packets is packets, right?  Wrong. With the demise of the Net Neutrality standards, Internet providers are free to “prioritize” certain kinds of packets over others.  Now this is nothing new.  The TCP/IP protocols already prioritize packets based upon their nature, source and destination.  Latency is not much of a problem for e-mail, file transfer, or…