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Till Hacks Do Us Part

As a former prosecutor and defense counsel, I was often asked how I could handle dealing with criminals.  I explained that the difference between criminal law and family law was that in criminal law, you were dealing with bad people at their best. In family law, you are dealing with good people at their worst. A…

Worst Responders

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…

Email Privacy “In Transition”

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…

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

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…

The Huma(n) Factor in Infosec

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…