Mark Rasch

Cyber Law Editor

Security Current


Uber, Greyballing and Honeypots – Sauce for the Goose?

Posted on: 04 Mar 2017

The New York Times recently reported that ride sharing service Uber used a tactic – approved by their lawyers – called “greyballing” – to thwart efforts by law and code enforcement agencies from catching Uber drivers and the company operating in prohibited areas. Without commenting on the legality of the particular service itself, the case raises the question…

Supreme Court – Meet Social Media

Posted on: 03 Mar 2017

Once again the United States Supreme Court steps into the thicket of how and when the States may regulate the content and actions of users of social media. In oral arguments on February 27, the Supreme Court considered the constitutionality of a North Carolina law that prohibited the use of Facebook or other social media sites…

Phone Check – White House Demands Inspection of Employee Phones – What’s In YOUR Cell Phone?

Posted on: 28 Feb 2017

It has been reported that Presidential spokesperson Sean Spicer called an emergency meeting of his staff to hunt for leaks.  At that meeting, reportedly approved by and supervised by White House counsel, Spicer demanded that the staffers produce their cell phones (government and personal) for examination to determine whether or not they were the leakers,…

Amazon to Arkansas Cops – What You Tell Your Amazon Echo Is First Amendment Protected Speech

Posted on: 27 Feb 2017

Earlier, I wrote about the efforts by the Bentonville, Arkansas police department to compel Amazon to produce – by search warrant issued by an Arkansas judge – the contents of conversations that either the perpetrator or victim of a murder might have had in the presence of an Amazon Echo. I’ve also written generally about…

Can the US Seize Botnets and Data Overseas Without A Warrant?

Posted on: 23 Feb 2017

It sounds like a classic law school exam question. A border patrol agent in the United States, without adequate provocation or justification, fires a shot across the Mexican border, hitting an innocent Mexican teenager in the head – killing him. Does the family of the deceased have any recourse in the U.S. courts, specifically under…

Judge Gorsuch and Technology (and Privacy)

Posted on: 01 Feb 2017

When Walter Ackerman sent an email from his AOL account to someone else, it never arrived.  It never arrived because AOL’s computers examined the contents of the email, using an MD5 hash function, and determined that one of the attachments’ electronic signature matched that of suspected child pornography contained in a database maintained by the…

I’ll Trade You a Mantle Rookie Card for Two Cyber Vulnerabilities

Posted on: 31 Jan 2017

President Trump is slated to issue two Executive Orders this week which may relate to the ability of the nation to defend itself (and its critical infrastructure) from potential cyberattacks.  The first is the President’s Executive order on cybersecurity.  The second is the Executive Order on Regulatio.  It may be that these orders work contrary to each other in practice.  We will…

Alexa, How Do You Hide a Dead Body?

Posted on: 30 Jan 2017

A recent report has indicated that police have subpoenaed records from Amazon to get the cloud stored audio files from an Amazon Echo to help solve a murder case. This points out a disturbing trend in privacy. It’s not that the government is surveilling us.  It’s that we are surveilling ourselves in newer and more…

FTC versus IoT

Posted on: 06 Jan 2017

For the Internet of Things (IoT) to be useful, some sensing device has to collect data, and transmit that data over the Internet (typically) to a cloud server (typically) that will store and analyze that data and allow the user to see that data, and/or use the data to effect some change in the device…

Share and Share Alike in the Context of the Reported Russian Hack

Posted on: 05 Jan 2017

In preparation for sanctions against hackers from the Federal Security Service of the Russian Federation (FSB) and Russia’s main intelligence agency known as the GRU, the Obama administration released information that it alleged showed the responsibility for the “highest levels” of the Russian government for hacking into servers of the Democratic National Committee (DNC) and email of…