Internet, Information Technology & e-Discovery Blog

Internet, Information Technology & e-Discovery Blog

Social changes brought about by the Internet & Technology

Category Archives: eCommerce

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Microsoft contempt ruling overturned for failing to produce emails in Ireland!

Posted in Anonymous Internet Activity, E-Discovery, eCommerce, Internet Access, Internet Jurisdiction, Internet Privacy
In 1986 Congress passed the Stored Communications Act (SCA) to control telephone records long before the Internet we know today, but the SCA is the main law that Internet companies rely to protect users’ content and in 1986 in passing the SCA “Congress focused on providing basic safeguards for the privacy of domestic users.” Nonetheless… Continue Reading

Cyber risk for HIPAA data increasing as criminals are now focused at healthcare technology!

Posted in Cyber, eCommerce, Internet Access
There is little surprise to learn that cybercriminals are now focused at “healthcare IT infrastructure,…also connected medical devices, mobile computing devices used by medal staff and, most profitably, electronic health records (EHR) systems.”  The July 12, 2016 DarkReading report entitled “Healthcare Hacks Face Critical Condition” referenced InfoArmor’s report “Healthcare under attack – CyberCriminals Target Medical… Continue Reading

Court rules that Travelers must defend cyberintrusion of medical records (HIPAA?) under CGL policy

Posted in Cyber, eCommerce
An appellate court agreed that “Travelers is duty bound under the Policies to defend Portal [Portal Healthcare Solutions, L.L.C.] against the class-action complaint”…that “alleges that Portal and others engaged in conduct that resulted in the plaintiffs’ private medical records being on the internet for more than four months.”  In the case of The Travelers Indemnity… Continue Reading

Good idea -Ransomware may be avoided if you backup your data to 3 locations!

Posted in Cyber, eCommerce
Webroot recommends that you “need to set up a regular backup regimen that at a minimum backs up data to an external drive, or backup service, that is completely disconnected when it is not performing the backup.”  On May 18, 2016 Webroot issued “A Guide to Avoid Being a Crypto-Ransomware Victim” which included these recommendations… Continue Reading

Cybersecurity jumps to the 9th top concern of 91% of manufacturers!

Posted in Cyber, eCommerce
BDO’s annual RiskFactor Report for the first time cites that manufacturers’ top 10 concerns about “operational infrastructure risk, including information systems and implementation of new systems and maintenance.”  The “2016 BDO Manufacturing RiskFactor Report” issued in June 21, 2016 introduced the subject with this headline “Manufacturers Scamper to Shore Up Security” and these comments: Manufacturing… Continue Reading

Do you trust the government to set morals for AI (Artificial Intelligence) to drive cars?

Posted in eCommerce, IT Industry
The New York Times’ article about the morality of AI auto driving decisions may be based on  “government requirements for autonomous car morality might be one way to go, though the people surveyed in the Science article say they are not keen on that. Manufacturers could also tailor morality to a buyer’s choice.” The June… Continue Reading

Great news! Cyberinsurance for Spearphishing (BEC) now available from Grandpoint Bank

Posted in Cyber, eCommerce
Reuters reported that “Grandpoint said the coverage includes losses from wire-transfer scams including business email compromise [BEC]. In business email compromise schemes, fraudsters pose as executives or vendors from a business, sending requests for money transfers to accounts controlled by criminals.”  Grandpoint operates in Southern California, Arizona and Southern Washington and Reuters reported that: Grandpoint… Continue Reading

Cybersecurity strategies for CISOs includes clear communications in plain English, not technical jargon!

Posted in Cyber, eCommerce
Forrester’s Report includes this observation for CISOs [Chief Information Security Officers] that creating “and maintaining a security strategy is fundamental for CISO success” but “…business colleagues need to be able to understand your strategy. If you cannot communicate it in a clear and concise manner, then all of your work will have been in vain.” … Continue Reading

NET NEUTRALITY: The Internet is a public utility ruling headed to the Supreme Court which doesn’t get the Internet!

Posted in eCommerce, Internet Access, Net Neutrality
“For the third time in seven years” the DC Circuit Court of Appeals was confronted with “net neutrality—the principle that broadband providers must treat all internet traffic the same regardless of source”  and the New York Times’ article about the June 14, 2016 ruling says it all – “Court Backs Rules Treating Internet as Utility,… Continue Reading

WEBCAST: Cyber Risk for Clients and Lawyers

Posted in Cyber, eCommerce
I will moderate this important live TexasBarCLE webcast on June 21, 2016 with Thomas Petrowski (Chief Division Counsel from the Dallas Office of the Federal Bureau of Investigation), Edward Block (Chief Information Security Officer at the Texas Department of Information Resources), and Ken Orgeron (Chief Information Officer at Gardere Wynne Sewell LLP). Please register for… Continue Reading

Experienced outside counsel should be part of your Incident Response Plan (IRP) for cyber intrusions!

Posted in Cyber, eCommerce, IT Industry
Darkreading recommended that an IR team should include “outside legal counsel that possess specialized experience in cybersecurity and data breach responses” and key stakeholders from all applicable areas of the organization, such as Legal, HR, Executive Management, PR/Communications, Information Technology”…as well as third party vendors.  The June 7, 2016 report entitled “How To Prepare For… Continue Reading

Report of 50 cyber breaches since 2011 leads congress to investigate cybersecurity at the Federal Reserve!

Posted in Cyber, eCommerce, IT Industry
Following a report about cybersecurity breaches by Reuters the House Committee on Science, Space and Technology sent a letter to Fed Chair Janet Yellen that  these “reports raise serious concerns about the Federal Reserve’s cyber security posture, including its ability to prevent threats from compromising highly sensitive financial information housed on the agency’s systems.”  The… Continue Reading

Bad news for P.F. Chang -Court rules that all claims for 2014 data breach are not covered under its cyberinsurance!

Posted in Cyber, eCommerce
Businessinsurance.com reported that a federal court ruled that P.F. Chang’s cyber policy covered “direct loss, legal liability, and consequential loss resulting from cyber security breaches” but “Chang’s and other merchants are unable to process credit card transactions themselves and must enter into agreements with third parties.”  My friend Judy Greenwald’s June 2, 2016 article entitled… Continue Reading

IT administrator with ‘keys to the kingdom’ indicted for hacking former employer

Posted in Cyber, eCommerce, Internet Privacy, IT Industry
With a possible sentence of 20 years in prison for hacking for a trial set for June 28, 2016 the US Attorney commented about the indictment that “IT administrators often hold the ‘keys to the kingdom’ for companies, … Disgruntled IT administrators can therefore pose a grave threat to businesses, which must take measures to protect themselves when… Continue Reading

Apple & Google are among 8 mobile device companies the FTC ordered to disclose security update practices

Posted in eCommerce, Internet Privacy
The Federal Trade Commission (FTC) “is seeking to compile data concerning policies, procedures, and practices for providing security updates to mobile devices offered by unnamed persons, partnerships, corporations, or others in the United States.”  The May 6, 2016 FTC Order requested that “Apple, Inc.; Blackberry Corp.; Google, Inc.; HTC America, Inc.; LG Electronics USA, Inc.;… Continue Reading

Employee Training about phishing is critical since only 3% of phishing targets alert management!

Posted in Cyber, eCommerce
Is there any doubt that training employees about phishing would help reduce the malware damage? Of course there’s also no surprise in a recent Verizon report which indicated that 89% of phishing attacks were send by organized crime and only 9% state-affiliated actors. Verizon ‘s  2016 Data Breach Investigations Reports included the following Recommended Controls:… Continue Reading

Email Privacy Act passes the House, but the proposed Act does not require notice of warrants

Posted in eCommerce, Internet Privacy
The Electronic Communications Privacy Act (ECPA) of 1986 was created to deal with telephone records not email, so the new proposed Email Privacy Act clarifies what email is, but did not change the ECPA much since it “does not require authorities to notify users that a warrant has been obtained to review their electronic communications.” Also… Continue Reading

GUEST BLOG: Small Texas Law Firm Used in International Cyberattack

Posted in Cyber, eCommerce
My Guest Blogger John Ansbach is General Counsel of General Datatech, L.P. (“GDT”), and John is a seasoned attorney with a broad range of experience developed over more than 18 years of practicing law including as a corporate generalist, his background includes experience in contracts; cyberlaw; intellectual property; real estate; human resources; corporate governance; regulatory… Continue Reading

No surprise that the FBI is warning law firms that they are cybertargets for insider trading

Posted in Cyber, eCommerce
A FBI Privacy Industry Notification identified in “a recent cyber criminal forum post an advertisement to hire a technically proficient hacker for the purposes of gaining sustained access to the networks of multiple international law firms.” Bloomberg BNA reported about the March 4, 2016 FBI Notification entitled “FBI Alert Warns of Criminals Seeking Access to… Continue Reading