Category Archives: Internet Access

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Cyber, Privacy & IT Law at the new Foley Gardere

I’m happy to announce that I will continue my Cyber, Privacy & IT trial and transactional law practice as a member of Foley Gardere’s Privacy, Security & Information Management Practice Group after the April 1st merger announcement “Foley & Lardner LLP and Gardere Wynne Sewell LLP Announce Combination” and Foley Gardere as a combined firm: … Continue reading this entry

Adult supervision no longer needed at Google (Alphabet)…so Eric Schmidt is stepping aside!

In 2001 Google brought Eric Schmidt aboard for adult supervision, and during his tenure among other earth shattering things Schmidt coined the word “Cloud” (fka time-sharing, and later Application Service Provider – ASP).  The Washington Post December 21, 2017 article entitled “Eric Schmidt is stepping down from his role at Google’s parent company, Alphabet” included … Continue reading this entry

Supreme Court will consider a 1986 law about phone records and how it applies to emails in 2017 outside the US

The New York Times reported that the US Supreme Court will consider a case against Microsoft to “decide whether federal prosecutors can force technology companies to turn over data stored outside the United States.”  In 1986 Congress passed the Stored Communications Act (SCA) to control telephone records long before the Internet we know today, but … Continue reading this entry

Gates gives cellphone advice to help avoid the destruction of a generation!

Melinda Gates (think Bill & Microsoft) wrote a perspective in the Washington Post that she & Bill “don’t allow cellphones at the dinner table” which lead to “amazing conversation.” The August 24, 2017 perspective is entitled “Melinda Gates: I spent my career in technology. I wasn’t prepared for its effect on my kids” and included … Continue reading this entry

Watch out! ‘Fancy Bear’ may be ready to steal your data while using hotel wifi!

Wired reported about a “Russian espionage campaign has used those Wi-Fi networks to spy on high-value hotel guests, and recently started using a leaked NSA hacking tool to upgrade their attacks.” Wired’s August 11, 2017 report was entitled “Russia’s ‘Fancy Bear’ Hackers Used Leaked NSA Tool to Target Hotel Guests” which included FireEye’s report that: … Continue reading this entry

GUEST BLOG: Attorney Client Privilege Lost in the Cloud!

My Guest Blogger Eddie Block (CISSP, CIPM, CIPP/G, CISA, CEH) is a senior attorney in Gardere’s Litigation Group and member of the Cybersecurity and Privacy Legal Services Team who focuses on all aspects of information cyber security, including credentialing functions, firewall and IDS deployment and monitoring, and penetration testing, and related complex litigation.  Eddie blogs at JurisHacker. Attorney Client Privilege … Continue reading this entry

$3.2 million HIPAA fine for violations since 2006!

The Office for Civil Rights (OCR) issued a Final Notice that Children’s Medical Center of Dallas among other things failed “to implement risk management plans, contrary to prior external recommendations to do so, and a failure to deploy encryption or an equivalent alternative measure on all of its laptops, work stations, mobile devices and removable … Continue reading this entry

Eliminating Net Neutrality likely to raise the cost of using the Internet!

Senator Al Franken issued a letter to Ajit Pai (new Chair of the Federal Communications Commission – FCC) after Commissioner Pai stated his opposition to Net Neutrality which letter ended with this comment that “Net neutrality is the First Amendment issue of our time, and I will fight to protect it every step of the way.”  … Continue reading this entry

Cyber Legal Risks to Most Businesses since 55% of Senior Management Delegates Compliance

PwC’s survey of over 800 Compliance Officers was “designed to give corporate compliance officers benchmarking data to help them understand common industry practices today and plan for more effective, more efficient compliance operations in the future.” The report entitled “PwC State of Compliance Study 2016” highlighted these legal risks to most businesses caused by lack … Continue reading this entry

Hacker gets 45 months in jail for stealing encrypted personal data & launching cyber attacks

A federal judge sentenced NullCrew hacker Timothy Justen French to prison for playing a “central role in an extensive, deliberate, and destructive hacking campaign that inflicted widespread and serious harm to businesses, governments, non-profits, and thousands of individuals”…which “ cyber-attacks caused at least $792,000 in monetary loss to victim companies, universities and governmental bodies.” On … Continue reading this entry

GUEST BLOG: Can the FTC control the privacy of the IoT (Internet of Things)?

My Guest Blogger Eric Levy is a senior attorney in Gardere’s Trial Practice Group who focuses on cyber security, PCI compliance, PII, eCommerce, and related complex litigation. Apparently IoT is leading the FTC (Federal Trade Commission), the government watchdog of privacy, one step closer to broadening the scope of what it believes falls within the definition of “personally … Continue reading this entry

Very likely that the cyberattacks against Southwest & Delta were directed your passenger data

Darkreading reported that a recent cyber safety report to the Federal Aviation Administration (FAA) was based on a PriceWaterhouseCoopers’ survey of “85 percent of airline CEOs in the PwC survey cited cybersecurity as a major risk likely because of the very sensitive nature of passenger data and flight systems.”  The September 23, 2016 report in … Continue reading this entry

$1 trillion will be spent on Cybersecurity in the next 5 years!

CSO recently predicted “a major uptick in cyber spending — to the tune of 12 to 15 percent year-over-year growth through 2021” in an article entitled “Cybersecurity spending outlook: $1 trillion from 2017 to 2021” which included these comments from the SANS Institute which were presented in February 2016: Tracking security-related budget and cost line … Continue reading this entry

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

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 this entry

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

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 this entry

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

“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 this entry

7 cyber risks using WiFi including risks of using free hotspots!

Every one is dependent on WiFi -unfortunately most people think it is safe, however Networkworld identified 7 “ways you could be giving away your identity through a Wi-Fi connection and what to do instead.”  The November 13, 2015 report entitled “7 ways hackers can use Wi-Fi against you” including these points about “Using free hotspots”: … Continue reading this entry

Advice about Cybersecurity Blind Spots Including Cloud Access

A report from Tenable Network Security identifies that blind spots “can increase legal risk because information retention policies designed to limit legal liability are very unlikely to be applied to electronically stored information (ESI) contained on unauthorized cloud, mobile and virtual assets.” Tenable Network Security’s April 15, 2015 report entitled “Eliminating Cybersecurity Blind Spots” includes … Continue reading this entry

FBI ALERT: Cyberattacks Directed at IoT (Internet of Things!) and Strong Passwords Can Help!

The FBI “is warning companies and the general public to be aware of IoT vulnerabilities cybercriminals could exploit” and encourages the use of strong passwords according to a FBI September 10, 2015 Public Service Announcement (PSA) entitled “Internet of Things Poses Opportunities for Cyber Crime.” The PSA Included this example: Cyber criminals can take advantage … Continue reading this entry

$600,000 Fine for Blocking WiFi Hotspots in Hotel

The Federal Communications Commission (FCC) fined a hotel after “some of its employees in a Nashville hotel illegally blocked private WiFi signals and customer hotspots so that guests and conference attendees would have to pay to use the hotel’s WiFi services.” On October 6, 2014 the FCC reported that the “incident occurred in March 2013 at … Continue reading this entry

EU Data ONLY in the EU? – A Boost to Data Localization Efforts

German Chancellor Angela Merkel “has embraced proposals to create European data networks that would keep emails and other communications on the European side of the Atlantic, farther from prying American eyes” as reported in the New York Times.  Chancellor Merkel also stated that ‘that companies like Google and Facebook base their European data operations in … Continue reading this entry

Digital Britain by 2012?

The UK’s plan to bring broadband Internet service to every home by 2012 is a very bold plan since based on recent reports only about 68% of the UK population are currently Internet users. In the meantime about 72% of the population of the US are Internet users. However these are not exactly apples to … Continue reading this entry