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…

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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…

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When Disclosing a Data Breach is the Wrong Thing to Do

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…

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iPhone X Facial Recognition – Human Emojis

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…

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Cell Phone Access at Issue in Texas Church Shooting Case

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…

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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…

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