After the Breach – A Legal Target (Volume I)

In  the wake of the massive Target data breach, consumers and others may be inclined to go to their lawyers and ask the stupidest question you can ever ask a lawyer, “can I sue?” The answer to that question is always, “yes.” And what would you sue for?  The answer to that one is, “for…

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2014 Year In Review – Privacy and Security

Wow, what a year 2014 was.  Most people write a “year in review” at the end of the year.  I decided to beat the rush and write my 2014 privacy and security year in review now.  So, what a year.  Some pretty interesting developments. Politics Well, this was the year that Congress finally got around to debating…

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2014 Year In Review – Privacy and Security

Wow, what a year 2014 was.  Most people write a “year in review” at the end of the year.  I decided to beat the rush and write my 2014 privacy and security year in review now.  So, what a year.  Some pretty interesting developments. Politics Well, this was the year that Congress finally got around to debating…

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Looking Forward and Back at the US Court Ruling on the NSA Data Mining

In a groundbreaking and precedent-setting decision, United States District Judge Richard Leon on December 16 found that the NSA’s previously secret program to capture the “metadata” in every single telephone call made by every single U.S. person, then to store and analyze that data presumptively violated the provisions of the Fourth Amendment and constituted an…

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Don’t Spy On Me, I’d Rather Be Safe

In this space, guest contributor Gail Bronson defended the NSA’s mass surveillance program, taking the side of former NSA General Counsel Stew Baker against that of Georgetown University professor David Cole.  By posing it as a confrontation, the audience is invited to take sides.  A more productive method might be to see where the parties…

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Legal Issues in Penetration Testing

When I was a kid growing up in the Bronx, a high school buddy got a job as a “security tester” at the Alexander’s department store on Fordham Road. His job was to shoplift. This was to see whether the security personnel were doing their job, or were asleep at the switch. On his first day at work,…

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