Mark Rasch

Cyber Law Editor

Security Current


Supreme Court Rules Against the Reasonable Expectation of Privacy

Posted on: 31 Mar 2015

Editor’s Note.  Please note that this article was published on the first day of the fourth month of the year.  Treat accordingly. In a decision that was widely expected, the United States Supreme Court ruled in favor of the government in the case,  John Ashcroft v. Just About Everyone Else. At issue was the plaintiff’s…

James Clapper Revealed as Apparent Head of Anonymous

Posted on: 31 Mar 2015

Editor’s Note.  Please note that this article was published on the first day of the fourth month of the year.  Treat accordingly. Security Current has learned that retired General James Robert Clapper, Jr. is a founding member and apparently the current leader of the hacker group Anonymous.  “Dad’s interest in telling truth to power goes…

Why We Have Breach Notification All Wrong

Posted on: 24 Mar 2015

The recent $10 million settlement of the Target data breach demonstrates why we have data breach notification all wrong. We use data breach notification as a means to punish companies that have suffered a data breach.  We treat companies like Target, Home Depot, Anthem and Premera as criminals and tortfeasors; we demand that they pay…

Your Facebook Profile Can Get You Banned from the Mall

Posted on: 19 Mar 2015

Think of Paul Blart, Mall Cop going undercover and online. In Bloomington, Minnesota is a small city dedicated to capitalism.  It’s the Mall of America, with more than 500 stores and 2.5 million square feet of retail space. It has a Nickelodeon themed theme park; an underwater adventures aquarium, a wedding chapel, a flight simulator,…

Five Myths About the Hillary Email “Scandal”

Posted on: 13 Mar 2015

There has been a lot of information – and misinformation – floating around the Interwebs about the fact that Hillary Clinton, as Secretary of State, exclusively used a personal email address linked to a “homebrew” server. Partisans on both sides have spread much of this misinformation.  Based on what we now know (and the situation can…

Hillary, Email and the Problems With Policy

Posted on: 11 Mar 2015

Some years ago, I was sitting in a whirlpool at a health club and I noticed a printed sign above the whirlpool that noted, “Do Not Clip Toenails in the Whirlpool.” Gross.  My first reaction was, “why exactly was that sign necessary?”  My second reaction was, “hmm.. so if that is prohibited, by implication, what…

Hillary Mail – Unanswered Questions

Posted on: 11 Mar 2015

In the Oscar nominated movie “Whiplash,” J.K. Simmons’ character, music teacher Terence Fletcher says, “There are no two words in the English language more harmful than “good job.””  I think that at her press conference on March 10, former Secretary of State Hillary Clinton found two more harmful words.  “It’s secure.” For those who have…

Run From the Border – CISOs, Employee Devices and Border Crossings

Posted on: 09 Mar 2015

Data tends to move from place to place.  That’s kind of the point.  But when it does travel, sometimes the government wants to take a peek.  Any government.  A recent case out of Canada demonstrates that not letting the government take a peek can land you in jail.  And that’s bad for CISO’s trying to…

Why Using Personal Email for Corporate of Government Purposes is A Bad Idea (But a Common One)

Posted on: 04 Mar 2015

Put aside politics and law for a minute.  The stories about former Secretary of State Hillary Clinton’s use of her personal email account (exclusively) for her work at the State Department raises issues of corporate (and government) governance, control, security, privacy and work/life balance apart from the questions of whether such use was legal or…

“Personal” Email, or Government Property? Did Hillary Clinton Violate Federal Laws?

Posted on: 03 Mar 2015

It was a Saturday evening at the Justice Department, and a colleague and I were finishing up a brief to be filed the following Monday.  When we tried to put some documents into the secure filing cabinet, the cabinet would not lock properly. We called the DOJ security officer, who found another secure cabinet to put the files…