Monthly Archives: February 2016

Apple’s DOJ Battle Scratches the Surface of Encryption Debate

By now you are likely aware of Apple’s ongoing battle with the Justice Department over the scope of the All Writs Act and its resistance of a federal court’s order compelling Apple to create special software that would unlock the iPhone used by Syed Rizwan Farook, one of the assailants in a mass shooting in San Bernardino, California. If you haven’t kept up with the story, an excellent walk through of where things stand may be found here. Apple’s case is generating a great deal of public debate over the amount of privacy a person may come to expect when …

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Responsibility Shifting for Cyber Attacks?

When a company’s protected data is compromised, potential litigants generally look to the company itself as the target for damages claims. The list of recent cases filed against the company suffering the data breach is long and, by now, familiar. In addition to potential damages claims, the breached company also must sustain the cost of remediation and attorneys’ fees, both in regard to its “first party” costs and with regard to third party claims. In very large breaches, it’s not uncommon for the company’s cost to far outstrip its insurance coverage, even if it has very good coverage. Historically, the …

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The Case of the Monkey Selfie

Here’s the story: back in 2011, this monkey gets hold of a photographer’s camera (there are multiple versions of how the monkey actually got the camera, so we will just state the fact we do know for certain – it ended up with the camera) and starts snapping pics of itself. The owner of the camera, David Slater, claims a copyright in the resulting photos and demands that Wikipedia take them down. So, who owns the pic? The owner of the camera, or the photographer (regardless of species) who actually took the picture? Copyright 101 – the creator of the …

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Bitcoin and the Changing Legal Landscape

If your business is contemplating doing something with digital currencies (meaning virtual currencies, like Bitcoin, Ripple, Ethereum, etc.), you need a plan. First, consider how and where your business will use digital currencies. Second, know what laws and regulations apply. Third, implement a compliance plan to ensure your business doesn’t run afoul of the law. Fourth, stick to your plan. This fourth step can be difficult to follow, particularly if your business is a startup trying to quickly establish itself and gain a foothold in the fast-paced, evolving online marketplace. You may think implementing a compliance plan will cost you …

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Clearing Up Confusion Over the Modified HIPAA Privacy Rule

The Department of Health and Human Services issued a final rule under the Health Insurance Portability and Accountability Act of 1996, which will go into effect on February 5, 2016. HHS published the final rule in tandem with President Obama’s recently announced executive actions to reduce gun violence. The final rule expressly permits certain covered entities under HIPAA to disclose limited demographic and other information to the National Instant Criminal Background Check System (NICS), or to an entity that is designated by the State to report to the NICS (or which collects information for this reporting). The covered entities are …

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