Mark Rasch

Cyber Law Editor

Security Current


Further Reflections on the NSA Bulk Data Collection

Posted on: 09 Jan 2014

I have already written about how a federal judge in New York ruled that the NSA’s collection of the telephone toll records on every call made is constitutional because, the court opined, all of these records could become relevant in a terrorism case.  If any relevant document exists, all documents helpful in finding that document…

A Vote in Favor of Making it Tough for Cops to Do Their Jobs

Posted on: 09 Jan 2014

Earlier in this space I wrote about the fact that, despite reports to the contrary, possession of marijuana is NOT legal in Colorado – it is still a federal crime. We have a lot of laws in this county – most of them at the state level.  So, for example in Colorado, it’s illegal for…

Once More Into the (Data) Breach – House GOP Proposes Obamacare Breach Bill

Posted on: 08 Jan 2014

As if we don’t have enough to worry about, Nextgov.com has reported that the first order of business for House Republicans is to introduce legislation mandating that the HHS CMS disclose all “data breaches” involving the healthcare exchanges. According to the article, House Majority Leader Eric Cantor wants to remove any discretion HHS has in…

More Legal Gaps in SDNY NSA Bulk Data Collection Decision

Posted on: 06 Jan 2014

A further review of the decision of the Southern District of New York approving the NSA’s bulk data collection of all telephone metadata shows huge legal gaps which can now be used not only by the intelligence community, but by prosecutors and other litigants in the future.  Just a few to focus on here. Collection…

NY Times Blogger’s Predictions for Technology in 2014 – Privacy Implications

Posted on: 03 Jan 2014

A recent piece by NY Times Bits blogger Nick Bilton, Disruptions: “Coming in 2014: Extremely Smart Watches and Wearable TVs” described his predictions for technology in 2014, many of which have significant privacy and security implications. It described a certain type of data convergence, where cloud and mobility merge to paint a more accurate picture…

On the End of Relevance; Federal Judge Says NSA Phone Data Collection is Constitutional

Posted on: 02 Jan 2014

The National Security Agency’s mass collection of telephone data does not violate the Constitution, the United States District Court for the Southern District of New York (SDNY) ruled last week. The ruling, against the ACLU, found that the NSA’s “bulk collection” of the metadata related to every telephone call made in and out of the…

After the Breach – A Legal Target (Volume Il: The Losers)

Posted on: 27 Dec 2013

  In Volume l, I discussed the liability that Target may have to its customers as a result of the data breach. But that is only the beginning of Target’s potential legal woes.  You see, when there is a massive data breach, there are a lot of players involved, and they all tend to blame each other. …

After the Breach – A Legal Target (Volume I)

Posted on: 26 Dec 2013

In  the wake of the massive Target data breach, consumers and others may be inclined to go to their lawyers and ask the stupidest question you can ever ask a lawyer, “can I sue?” The answer to that question is always, “yes.” And what would you sue for?  The answer to that one is, “for…

2014 Year In Review – Privacy and Security

Posted on: 22 Dec 2013

Wow, what a year 2014 was.  Most people write a “year in review” at the end of the year.  I decided to beat the rush and write my 2014 privacy and security year in review now.  So, what a year.  Some pretty interesting developments. Politics Well, this was the year that Congress finally got around to debating…

2014 Year In Review – Privacy and Security

Posted on: 22 Dec 2013

Wow, what a year 2014 was.  Most people write a “year in review” at the end of the year.  I decided to beat the rush and write my 2014 privacy and security year in review now.  So, what a year.  Some pretty interesting developments. Politics Well, this was the year that Congress finally got around to debating…