Von Clausewitz said that war is diplomacy by other means. If that’s true, then litigation — particularly divorce and custody litigation is war by other means. And in war, there are casualties. In modern custody and divorce litigation, one of the casualties is cybersecurity and privacy. And the courts don’t seem to care. At all.…
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…
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…
Inevitably, after a major data breach, when a company disclosed the fact of the breach, security professionals question the timing of the disclosure. “Why did you wait so long to make a disclosure?” is the outcry! Sometimes, like in the case of Uber, which delayed notification for almost a year, the criticism is warranted. But even when the…
I really want an iPhone X. It has lots of cool features: a headphone jack (oops), edge to edge display (well, almost edge to edge), and the ability to create anthropomorphic poop. What’s not to like? However, as with other technologies, advances are a double-edged sword; in this case, the face ID program. The newest iPhone abandons the…
In the wake of the horrific shooting at a Texas church in November, law enforcement officials are attempting to obtain access to the contents of the suspect’s cell phone, according to published reports. The FBI Agent in Charge of the San Antonio Field Office responsible for the investigation noted, “With the advance of the technology and…
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…
In the wake of the massive ransomware attack which hit the UK’s NHS, and tens of thousands of businesses and individuals across Europe and the rest of the world, an attack which may have cost lives, but certainly cost millions of dollars, pounds, Euro, and bitcoin, one question looms over all others. At least to lawyers. Others…
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…
We all know that the most recent and pernicious forms of phishing attacks are ransomware attacks. They are increasing in scope and incidence, as well as impact and cost. But a more disturbing trend is that healthcare entities are being targeted for such ransomware attacks. The most recent is the massive ransomware attack against the UK’s NHS, whereby…