Mark Rasch

Cyber Law Editor

Security Current


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…

Privacy for Sale

Posted on: 13 Nov 2013

It recently was revealed that AT&T was selling call data to the CIA for $10 million a year. This is in addition to the millions of dollars the company was paid by the NSA for participating in the NSA’s FISA telephony metadata whereby the company, together with other U.S. telephone companies, routinely provided the NSA with…

Data Privacy and Security; Is it Only Hackers You Should Worry About?

Posted on: 27 Oct 2013

As we approach the Internet of things, more and more things are keeping tabs on me. My toaster is watching me, and the blender is looking at me funny. Increasingly companies that collect data will have to have robust privacy policies about what they collect and store, who they share it with, and what each of…

Heads We Win, Tails You Lose; Court Rules that a Warrant is Needed to Install GPS Tracking on Your Car

Posted on: 25 Oct 2013

In a monumental decision that will have no practical impact, the United States Court of Appeals in Philadelphia ruled yesterday that law enforcement agencies need a warrant to install a GPS tracking device on your car. The court considered the case of the Katzin brothers, some local hoodlums who the cops suspected of being involved in a series of…

Heads We Win, Tails You Lose; Court Rules that a Warrant is Needed to Install GPS Tracking on Your Car

Posted on: 25 Oct 2013

In a monumental decision that will have no practical impact, the United States Court of Appeals in Philadelphia ruled yesterday that law enforcement agencies need a warrant to install a GPS tracking device on your car. The court considered the case of the Katzin brothers, some local hoodlums who the cops suspected of being involved in a series of…

Facebook: Who has Access to What, When, How and Why?

Posted on: 22 Oct 2013

I have a confession to make. As a casual user of Facebook, I have no idea who has access to what I do.  I have read the settings, the Facebook privacy policy (well, the policy this week) and played with the Facebook, but I still have no clue who can see what I write, access…

Hemisphere Project: DEA Accesses AT&T Phone Records

Posted on: 22 Oct 2013

The New York Times reported on a secret joint Drug Enforcement Administration (DEA)-AT&T program called “Hemisphere” which allowed the drug agency access to billions of telephone records. The fact that the DEA could get access to AT&T phone records with an administrative subpoena is neither surprising nor newsworthy. Indeed, that is what a subpoena is intended…