Mark Rasch

Cyber Law Editor

Security Current


Frankenwarrant – The Police May Be Reading Your Private Facebook Posts

Posted on: 06 Apr 2017

The cops may be reading your private Facebook posts to a friend.  And you may never know about it or be able to do anything about it.  And your friend may never know about it or be able to do anything about it. And, as a result of a New York State court decision on April 5, Facebook…

Broadband Privacy Rules – 5 Myths

Posted on: 03 Apr 2017

With the repeal of the FCC rules on broadband privacy and security, there’s been a lot of misinformation floating around the web. Here’s my attempt to clarify some of the issues. The Rules Gave Preferential Treatment to Edge Providers Like Google One of the reasons given to justify the repeal of the FCC broadband privacy and…

Broadband Privacy Regulations – Repeal and Retrace

Posted on: 29 Mar 2017

On March 28, 2017, the United States Congress voted to repeal regulations issued by the FCC which would have required Internet Service Providers to obtain the consent of their customers before they could sell their information. Currently, if you visit a website like Facebook, Twitter, or Google, the website collects the fact that you have visited,…

An Offer You Can’t (But Must) Refuse – WikiLeaks and Secure Code

Posted on: 14 Mar 2017

Julian Assange has offered to help make your product more secure. Julian Assange has offered to make you a felon. WikiLeaks founder Julian Assange has released information about the CIA’s “Vault 7” Swiss Army knife toolkit for rooting and hacking into computers, phones, routers, networks, and IoT devices. These include a wealth of theoretical, known, and “zero…

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…