Mark Rasch

Cyber Law Editor

Security Current


Worst Responders

Posted on: 02 Jan 2018

Some years ago, I attended a training program sponsored by the United States Secret Service which was training cyber first responders such as state and local police departments, sheriff’s offices, county police, and other local law enforcement agents. I was struck by several things. First, how rudimentary the training was. Second, by the naiveté to think…

When Disclosing a Data Breach is the Wrong Thing to Do

Posted on: 27 Dec 2017

Inevitably, after a major data breach, when a company disclosed the fact of the breach, security professionals question the timing of the disclosure. “Why did you wait so long to make a disclosure?” is the outcry! Sometimes, like in the case of Uber, which delayed notification for almost a year, the criticism is warranted. But even when the…

iPhone X Facial Recognition – Human Emojis

Posted on: 21 Dec 2017

I really want an iPhone X. It has lots of cool features: a headphone jack (oops), edge to edge display (well, almost edge to edge), and the ability to create anthropomorphic poop. What’s not to like? However, as with other technologies, advances are a double-edged sword; in this case, the face ID program. The newest iPhone abandons the…

Cell Phone Access at Issue in Texas Church Shooting Case

Posted on: 19 Dec 2017

In the wake of the horrific shooting at a Texas church in November, law enforcement officials are attempting to obtain access to the contents of the suspect’s cell phone, according to published reports. The FBI Agent in Charge of the San Antonio Field Office responsible for the investigation noted, “With the advance of the technology and…

Email Privacy “In Transition”

Posted on: 19 Dec 2017

A recent kerfuffle between the Office of Special Prosecutor (OSP) Robert Mueller and lawyers representing the Presidential Transition Team (PTT) arose out of Mueller’s reported acquisition of the emails of the transition team from the Government Services Agency (GSA). Transition lawyers argue that the GSA provided Mueller’s team with emails that were subject to various privileges…

Massive Ransomware Attack – Can I Sue?

Posted on: 13 May 2017

In the wake of the massive ransomware attack which hit the UK’s NHS, and tens of thousands of businesses and individuals across Europe and the rest of the world, an attack which may have cost lives, but certainly cost millions of dollars, pounds, Euro, and bitcoin, one question looms over all others. At least to lawyers. Others…

President Issues Executive Order on Cybersecurity – But It’s Not the One You Think

Posted on: 12 May 2017

On May 10, the President released his Executive Order on Cybersecurity.  The comprehensive document is intended to set out the national strategy for ensuring that the Internet is used to promote national values, that it is secured against attack from inside and outside, and to promote national interest in security and security technology. The Executive…

Why Healthcare Is Uniquely Vulnerable to Ransomware Attacks

Posted on: 12 May 2017

We all know that the most recent and pernicious forms of phishing attacks are ransomware attacks. They are increasing in scope and incidence, as well as impact and cost. But a more disturbing trend is that healthcare entities are being targeted for such ransomware attacks. The most recent is the massive ransomware attack against the UK’s NHS, whereby…

The Huma(n) Factor in Infosec

Posted on: 10 May 2017

Remember when the FBI initiated an investigation of the classified emails of State Department employee Huma Abedin found on the laptop computer of her (now estranged) husband, former (and disgraced) New York Congressman Anthony Weiner? Now Former FBI Director James Comey testified that he was obligated to tell members of Congress about these emails during…

The United Airlines Doctor Debacle, The Law and Crisis Communication

Posted on: 11 Apr 2017

The law reflects our values, and our power structure. When Kentucky physician David Dao was dragged off a United Airlines (UAL) flight by Chicago Aviation Police, most people saw outrageous conduct by the airline and possibly the police department. Some saw an uncooperative passenger refusing to quietly exit a plane. What you see depends on how you…