Mark Rasch

Cyber Law Editor

Security Current


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…

Court Hears FTC v. Wyndham Worldwide Corporation

Posted on: 03 Mar 2015

In a large brick and glass building on 6th and Market Streets in Philadelphia, across the street from the Yu Ya Nails and Spa, and only a few hundred yards from Independence Hall, a case is being argued that may decide the fate of cybersecurity in America. On March 3, in the United States Court of…

The Difference Between Phishing and Fishing- Supreme Court Renders Decision

Posted on: 25 Feb 2015

On February 25, 2015 the United States Supreme Court rendered the unremarkable decision that a fish – yes, a fish – is not a computer hard drive.  Sure, you can buy thumb drives in the shape of sushi. To anyone but a lawyer, that would be obvious.  Not so when you get Congress involved.  At issue was…

Will a Free Market Solution to Privacy and Security Work?

Posted on: 18 Feb 2015

AT&T recently unveiled a Gigabit Internet service in Texas, with a catch.  There are different prices if you opt out of sharing your surfing habits than if you decide you want your personal data to be, well, personal. So in effect, you are paying for privacy – or as AT&T would describe it, getting a…

Gag Me With A Court Order – Again

Posted on: 09 Feb 2015

I recently wrote about efforts by prosecutors and other government agents to keep their work secret, not only from the public, or from the targets of their investigations, but also from the people whose help they need to investigate the matter as well. On February 5, a magistrate judge in San Jose put a limit…