netseclaw

2012-01-25T08:21:00.002-05:00

Decrypting laptop doesn't count as self-incrimination, US federal judge rules (from Sean) - This will eventually make it's way to the SCOTUS and it will be interesting to see the outcome.

2012-01-12T10:45:00.001-05:00

The next Digital Forensic Research Workshop (DFRWS) will held from August 6 to 8, 2012 in Washington, D.C. at the Embassy Suites Downtown hotel. The Call for Papers, workshops, and panels is now open; submissions are due February 20, 2012.

2012-01-09T19:56:00.001-05:00

Can you be forced by law to decrypt your computer? US v. Fricosu court case rages on

2011-09-14T09:55:00.001-04:00

2011 Patent Law Reform Update- The "America Invents Act" from Tarik

2011-06-02T15:20:00.001-04:00

Is sharing a log-in a criminal act?

2011-05-19T08:01:00.001-04:00

Linux... in Javascript!?!? from Mr. Grundy

2010-11-17T08:50:00.001-05:00

An excellent article from the New York Times Magazine titled "The Great Cyberheist" - Details the Shadowcrew case and the eventual takedown of Albert Gonzalez.

2010-10-10T09:02:00.001-04:00

Man gets 10 years for VoIP hacking - First person charged by US authorities for VoIP hacking from Rich

2010-10-07T09:39:00.001-04:00

Microsoft Suggests Public Health Response for Sick PCs from Clyde - While Microsoft could try to make a better product, there is no incentive for them do so when they can externalize expenses that would otherwise be internal. We see the same issue play out with companies who pollute and companies that sell products that make otherwise healthy people sick. In this case, Microsoft has an even greater advantage as they are able to avoid all liability associated with making an inferior product through the use of an unconscionable End-User License Agreement (EULA). This allows them to avoid the liability and costs associated with making a product that is not fit for the purpose for which it is sold, which is otherwise a common law requirement for making any product. This is unfair to all other business sectors as it gives them a legal advantage that no other sector enjoys, thereby violating the principle of equal protection under the law.

2010-09-29T12:48:00.000-04:00

Startup ivi TV goes on offense against broadcasters looking to shut it down from Tracy

2010-09-29T09:21:00.001-04:00

What's up with Encryption? from Kathy

2010-09-23T11:16:00.000-04:00

Extending The Law Of War To Cyberspace

Funny lawsuit from Tracy

2010-09-22T10:31:00.000-04:00

Larry King bagel company sued over 'patented water' - Here's the original complaint

2010-09-15T15:45:00.000-04:00

Hot chocolate: Hershey in dispute over iPhone app

2010-07-15T09:27:00.001-04:00

Two new cases on Internet Anonymity

2010-06-15T08:53:00.000-04:00

House OKs bill to strengthen penalties for 'virtual map' crimes

2010-06-11T07:59:00.001-04:00

Judge limits DHS laptop border searches

2010-04-26T09:29:00.001-04:00

2010-04-06T09:03:00.001-04:00

Ruling suggests limits on employer's access to personal e-mail

2010-02-04T06:46:00.002-05:00

Court Finds Constitutional Significance in Defendant's Failure to Password-Protect Home Wireless Network

2010-01-09T09:35:00.001-05:00

George Washington University Law Professor Daniel Solove's "The Future of Reputation" is now available online.

2009-12-16T19:42:00.001-05:00

Mystery co. sues Apple, IBM, Microsoft, Adobe, Oracle... 'Software installation? We own it!' from Bill

2009-12-16T11:23:00.001-05:00

U.S. and Russian officials talk cyberissues from Tregg

2009-12-10T16:02:00.000-05:00

Judge won't stop student from promoting illegal downloading from Tregg

2009-12-09T11:17:00.001-05:00

Daniel Solove's "The Digital Person" is now available online for free but worth buying nonetheless.

2009-11-10T09:42:00.001-05:00

Murdoch could block Google searches entirely

Judge Orders Google To Deactivate User's Gmail Account

2009-09-30T19:44:00.002-04:00

This is a must read. This could have some very far reaching ramifications.

http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=114264

Mass. could be fifth state to adopt anti-UCITA law

2009-09-29T22:22:00.000-04:00

Only two states, Virginia in 2001 and Maryland in 2000, have enacted the UCITA model legislation. Four states have adopted anti-UCITA measures, Iowa, North Carolina, West Virginia and Vermont. This "bomb-shelter" legislation, intended to prevent a vendor from applying, for instance, Maryland's UCITA law provisions on residents in a bomb-shelter state.

Anti-UCITA

Lawsuit: Copyright Filtering Technology Infringes

2009-09-21T22:28:00.001-04:00

Wired doing a piece on SCRIBD, designed to protect against plagiarism, being sued for Copyright Infringment. Irony anyone?

2009-09-11T11:03:00.001-04:00

Reporting Computer Forensic Examination Results

2009-09-02T18:31:00.001-04:00

Bill would give president emergency control of Internet from Sharon

2009-08-27T09:29:00.001-04:00

Lazy Workers = Hackers? - This is one of the more asinine cases I have read about since the Amero case and an excellent example of why local yokels are not qualified to regulate such matters. Although I am usually on the anti-Federalist side of many issues, this is one example of a demonstrable need for national laws that supersede state laws on such matters so we have a more consistent regulatory environment.

2009-08-23T08:49:00.000-04:00

Heartland Data Breach: TJX Hacker Indicted for Crime - Suspect Also Linked to 7-Eleven, Hannaford Breaches from Mr. Goode

2009-07-09T15:45:00.002-04:00

Fall 2009 - Network Security, Virtualization, and Linux Courses

Network Security

ITN260 Network Security Basics – Face-to-Face Course #48924 Section #N01C Tuesdays 6-9:30pm - Online Course#48926 Section# O02C - This course lays the foundation for further study in the network security program. Content domains include cryptography, communications security, infrastructure security, operating system security, wireless security, intrusion detection, malicious software, common attacks, and countermeasures. This course, among others, has helped hundreds of students to comply with DOD 8570.01m. Prerequisite: ITN 101 or sufficient networking experience.

ITN 262 Network Communication, Security, and Authentication - Wednesdays 6-9:30pm Course#48940 Section#N01C Students in ITN 262 learn how to analyze network traffic, reveal malicious attacks, configure intrusion detection systems, andwrite signatures to both detect and react to the latest threats. Prerequisite: ITN 260 Network Security Basics

ITN 267 Legal Topics in Network Security (Cyberlaw) – Online - Course Course#48944 Section#O01C – Find out how to protect your organization’s legal interests when managing security. In this course, students learn about the numerous laws affecting intellectual property, computer crime, privacy, and technology. This course thoroughly covers the Law, Investigations and Ethics domain of the CISSP certification. Coreq: ITN 260

VMware Academic Program

(NEW!) ITN 293 VMware Virtual Infrastructure: Install and Configure – Course# 72645 Section# N01C – Thursdays from 6pm to 9:30pm - Explore virtual network design and implementation, storage area networks, virtual switching, virtual system management, engineering for high availability, and virtualization security. This special academic partnership with VMware allows students to earn the VMware Certified Professional (VCP) credential for about 15% of what it would normally cost! Prerequisites: ITN 171 and ITN 260

(NEW!) ITN 293 Information Storage and Management – Course 72646 Section# N01C Mondays from 6pm to 9:30pm. Focuses on advanced storage systems, protocols, and architectures, including Storage Area Networks (SAN), Network-Attached Storage (NAS), Fibre Channel Networks, Internet Protocol SANs (IPSAN), iSCSI, and Content-Addressable Storage (CAS). Prepares students for the EMC Proven Professional Associate Certification exam.

Linux Courses

Due to a change in the Red Hat Academy program, qualifying students now get to take the RHCT ($399) and RHCE (4799) exams for FREE! For further information about the academy, please email rguess@tcc.edu or rking@tcc.edu.

ITN 171 Unix I - Online 4 credits – Course #48922 Section #O01C Provides an introduction to UNIX-like operating systems (using Linux). Teaches login procedures, file creation, UNIX file structure, input/output control, and the UNIX shells.

ITN 170 Linux System Administration - Course#48920 Section#N01C Tuesdays 6:00pm – 9:30pm 4Cr Focuses on the installation, configuration and administration of the Linux operating system. Emphasis is placed upon use of Linux as a network client and workstation. Leads to Red Hat Certified Technician (RHCT) Certification Exam. Prerequisite: ITN 171

ITN 270 Advanced Linux Network Administration – Next Spring 2010 - Focuses on the configuration and administration of the Linux operating system as a network server. Emphasis is placed upon the configuration of common network services and security. Leads to Red Hat Certified Engineer (RHCE) Certification Exam. Prerequisite: ITN170

2008-08-20T21:43:00.001-04:00

Get Off My Cloud - by Mark Rasch

2008-07-31T14:13:00.001-04:00

Paper Catalog + Computer Database = Patent? Um, No.

Senators Announce New Intellectual Property Enforcement Bill - Why??? Enforcement of civil law is traditionally (and best) left to the harmed party or parties. Is DOJ prepared to force the FBI to start investigating copyright infringement (again) despite the fact such frivolous issues would steal resources away from much more pressing matters? I do not think that anyone could possibly want this bill to pass other than special interests in Hollywood.

2008-05-05T14:11:00.001-04:00

California court posting SSNs and other personal data, privacy advocates charge

2008-01-17T09:52:00.000-05:00

North Dakota Man Charged for Spam Tracking / DNS Zone Transfer - from Ron

2008-01-13T18:07:00.000-05:00

Marin Samson - Internet Law Update 1/13/2008

2008-01-11T09:24:00.001-05:00

The Sears "Community" Installation of ComScore - Sears admits to joining spyware biz - from Dan

2008-01-06T09:46:00.001-05:00

According to Cary Sherman of the RIAA, SONY BMG's in-house lawyer Jennifer Pariser "Misspoke" when testifying during Capitol v. Thomas trial

2007-07-26T09:28:00.001-04:00

Companies Claim Right to Interfere with eBay Auctions for Charging Too Little

2007-07-20T09:22:00.001-04:00

US v. Forrester Decision - 9th Circuit holds that the 4th Amendment does not protect against the search and seizure of administrative data such as to/from addresses of email, IP addresses of websites, or total volume of information transmitted

2007-04-10T15:41:00.000-04:00

The First Amendment as Criminal Procedure by Daniel Solove

2007-03-31T11:30:00.000-04:00

Martin Samson - Communications Decency Act Immunizes Employer From Liability For Employee's Threatening Emails, Michelangelo Delfino v. Agilent Technologies, Inc., H028993 ( Cal. Crt. App., December 14, 2006 ).

2007-03-19T18:57:00.000-04:00

2007 Cybercrime Summit

2007-03-13T13:11:00.000-04:00

Collecting Evidence from a Running Computer: A Technical and Legal Primer for the Justice Community

2007-03-02T08:12:00.000-05:00

The Court Technology Laboratory has a good section on Biometrics

2007-02-21T12:56:00.000-05:00

Man claims ADA applies to wrongful termination for sex addiction in the workplace - from Clyde - The phrase "snowball's chance in hell" comes to mind

2007-02-14T08:48:00.000-05:00

SCO trying to subpoena "Pamela Jones" of Groklaw.

"In the past, SCO executives have said they suspect that "Groklaw" is actually being penned by a team of lawyers, and is funded by IBM."

My sides hurt.

2007-02-05T14:06:00.000-05:00

Apple, Beatles Settle Trademark Suit - from Daniel

2007-02-03T20:09:00.000-05:00

2007-01-30T13:04:00.000-05:00

Nissan Motor Is Suing Nissan Computer For Trademark Infringement, Trademark Dilution And Cyber-Squatting - from Daniel

2007-01-03T19:54:00.000-05:00

3 Lectures from Dr. Tom O'Connor

PRIVACY AND CYBERLAW

CYBERCRIME: THE INTERNET AS CRIME SCENE

DIGITAL EVIDENCE COLLECTION & HANDLING

2006-12-13T13:14:00.000-05:00

The Real World: Forensics - EnCase vsFTK

2006-12-13T10:17:00.000-05:00

The Ten Most Important Security Trends of the Coming Year

2006-12-08T09:34:00.000-05:00

Ohio U. names interim CIO to replace William Sams following security lapses that led to the firing of two IT workers - Malware wars: Are hackers on top? - From Andy

2006-12-07T14:25:00.000-05:00

A Critical Look at the Regulation of Cybercrime

2006-12-05T14:21:00.000-05:00

Amendments to Federal Rules - 12/1/2006

2006-12-05T13:33:00.000-05:00

E-Discovery - Amendments to the Federal Rules of Civil Procedure (12-1-2006)

2006-12-05T12:31:00.000-05:00

Amendments to the Federal Rules of Evidence, Federal Rules of Civil Procedure, and Federal Rules of Criminal Procedure took effect Friday. There seems to be a lot of misinformation out there which is typical when non-lawyers try to make sense of the law. Being a non-lawyer myself, I shall endeavor to add to the noise!

In short, the new rules state that organizations must track data collected and, should they become aware of pending legal action, endeavor to preserve all relevant data. The outcome is that all organizations need to have document retention and destruction policies in place. These policies must be adhered to in a consistent manner in order to avoid the appearance of impropriety. Documents (like email) may be safely destroyed in a manner consistent with this policy. However, once an organization becomes aware of a lawsuit that may affect these records, the organization must endeavor to preserve all relevant evidence in order to avoid the appearance of impropriety. This requires that the organization be aware of what sort of records they have. This is a good reason for organizations to limit what data is collected and retained as a systematic part of managing corporate liability.

The history of this clarification is in the Enron case. Arthur Andersen had document destruction policies in place but failed to follow them. When served with a subpoena in the Enron case, AA officials suddenly "followed" their policy by shredding tons of documents and by deleting email. Deleting a file NEVER really deletes it so many of the emails were later recovered. This created the appearance of impropriety and doomed them before the court. AA is no longer allowed to even practice accounting as a result. Lesson learned: If they had adhered to their policies in a consistent manner, they still would have been "wrong" in the big picture sense but they would have been within their rights under the law.

Certain records like financial statements, medical data, etc. have legal retention periods. Ensure that any policy created adheres with these requirements. Email Retention Policy (sample policy): Specify an online retention period of roughly 3-6 months, an of roughly 12-24 months. The time interval is going to vary widely based upon the organizational goals, objectives and liabilities. This type of decision making should really flow from the top but the hard part is that "the top" may be a group of people with diverse backgrounds and little understanding of the importance of such policies in terms of managing legal liabilities.

Document Retention and Destruction Post-Arthur Andersen: What Can You Destroy? - Perfecting the Document Destruction Policy - A Brave New World

Note: I am not an attorney. This is not legal advice. If you require legal advice, please consult with an attorney.

2006-12-05T12:18:00.000-05:00

E-Mail Retention: The High Cost of Digging Up Data

2006-12-03T12:13:00.000-05:00

Wi-Fi Liability: Potential Legal Risks in Accessing and Operating Wireless Internet by Robert Hale II

2006-11-18T19:19:00.000-05:00

Universal sues MySpace for copyright violations from Daniel

2006-11-16T10:33:00.000-05:00

Kahle v. Gonzales - Does the Copyright Term Extension Act Violate Free Speech?

2006-11-16T10:32:00.000-05:00

Lawsuit attempts to brand GPL as anti-trust

2006-11-16T10:31:00.000-05:00

RIAA calls Consumer Electronics Association "Extremist"

2006-11-16T10:30:00.000-05:00

Sports Artist Sued for Mix of Crimson and Tide

2006-11-14T17:25:00.000-05:00

Consumer Sentinel - Fraud Trends

How Many Identity Theft Victims Are There? What IS the Impact on Victims? - Recent Surveys and Studies from the Better Business Bureau, Identity Theft Resource Center, Federal Trade Commission,
Gartner, and Privacy & American Business

2006-11-14T17:13:00.000-05:00

The Identity Theft Prevention and Recovery Guide

2006-11-14T16:36:00.000-05:00

Online Identity Theft: Phishing Technology, Chokepoints and Countermeasures by Aaron Emigh

2006-11-14T14:55:00.000-05:00

US DoJ Crime and Victims Statistics - First Estimates from the National Crime Victimization Survey

2006-11-13T14:54:00.000-05:00

Please share these flyers on the Network Security Program and the Red Hat Academy Program with anyone you know who may be interested.

2006-11-07T17:43:00.000-05:00

Analysis of the Jurisdictional Thresholds for Prosecuting Cyber Crimes in the United States at the State Level

2006-11-03T22:56:00.000-05:00

The evolution of cybercrime from past to the present

2006-11-02T15:54:00.000-05:00

Forgent Networks JPEG Related Patent Claims Abandoned

2006-11-02T14:33:00.000-05:00

Holy EULA Batman:
Surprises Inside Microsoft Vista's EULA

2006-11-02T10:21:00.000-05:00

FCC: Boston airport can't block airline's Wi-Fi

2006-10-31T17:46:00.000-05:00

International Journal of Digital Evidence(IJDE) Fall 2006 Volume 5, Issue 1

2006-10-24T09:29:00.000-04:00

IBM sues Amazon for patent infringement. The suits were filed in the Eastern District of Texas; which is known to be expeditious and friendly to patent holders. IBM claims that Amazon has willfully infringed and continues to infringe on the following IBM patents:

1. US 5,796,967 - Presenting Applications in an Interactive Service.
2. US 5,442,771 - Storing Data in an Interactive Network.
3. US 7,072,849 - Presenting Advertising in an Interactive Service.
4. US 5,446,891 - Adjusting Hypertext Links with Weighted User Goals and Activities.
5. US 5,319,542 - Ordering Items Using an Electronic Catalog.

2006-10-18T14:22:00.000-04:00

Using Infrared Sensors to Measure Aisle Eyeballs

Broadband Users Can't Sue Comcast for Alleged Privacy Violations

2006-10-18T14:19:00.000-04:00

Paying the Price for Trying to Chill Speech - Tendler V. Does

2006-10-17T23:10:00.000-04:00

Kimo Johnson - Exposing Digital Forgeries Through Chromatic Aberration - Exposing Digital Forgeries by Detecting Inconsistencies in Lighting - Metric Measurements on a Plane from a Single Image - Kimo is a student of Hany Farid

2006-10-17T17:30:00.000-04:00

The Vital Role of Patent Law in the Gaming Industry

2006-10-17T17:15:00.000-04:00

DIAMOND v. CHAKRABARTY, 447 U.S. 303 (1980)

2006-10-17T17:13:00.000-04:00

Canada Rejects Patents on Higher Life Forms