Mark Rasch

Cyber Law Editor

Security Current


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…

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…