Mark Rasch

Cyber Law Editor

Security Current


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…

Looking Forward and Back at the US Court Ruling on the NSA Data Mining

Posted on: 16 Dec 2013

In a groundbreaking and precedent-setting decision, United States District Judge Richard Leon on December 16 found that the NSA’s previously secret program to capture the “metadata” in every single telephone call made by every single U.S. person, then to store and analyze that data presumptively violated the provisions of the Fourth Amendment and constituted an…

Don’t Spy On Me, I’d Rather Be Safe

Posted on: 11 Dec 2013

In this space, guest contributor Gail Bronson defended the NSA’s mass surveillance program, taking the side of former NSA General Counsel Stew Baker against that of Georgetown University professor David Cole.  By posing it as a confrontation, the audience is invited to take sides.  A more productive method might be to see where the parties…

Legal Issues in Penetration Testing

Posted on: 26 Nov 2013

When I was a kid growing up in the Bronx, a high school buddy got a job as a “security tester” at the Alexander’s department store on Fordham Road. His job was to shoplift. This was to see whether the security personnel were doing their job, or were asleep at the switch. On his first day at work,…

Distributed Denial of Service Attacks – Who is Legally Liable?

Posted on: 19 Nov 2013

It seems that the Obamacare website, http://www.healthcare.gov, has had a spot of trouble lately.  However, obscured in all the debate over the policy of the Affordable Care Act and all of the technical problems with the site is the fact that opponents of the universal (well, semi-universal) health insurance portal have taken to social media…