Category Archives: Privacy

Bring Your Own Device (BYOD) – Be Smart

At the dawn of portable electronic devices, they were primarily work-related productivity tools.  Often, employers would purchase (or lease) devices and distribute them to their need-to-have employee base.  It’s not so long ago that we can remember when the Blackberry transitioned from a business device to a consumer device.  Everybody wanted a Blackberry (weren’t those the days for RIM?) and free email providers like Yahoo and Gmail offered accessibility of their email content through the Blackberry. Then, mobile devices got smart.  They became phones and productivity tools and the footprint shrunk from two devices to one.  One smart device that …

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Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the Department of Public Health. After the shooting the couple fled the scene of the crime, but the police eventually caught up with them. The couple was subsequently killed in a shootout. As part of the FBI investigation, an Apple iPhone became the center of a security showdown between the Silicon Valley giant and the federal government. The Apple iPhone 5C, a work-issued phone given …

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Cyber Insurance: Common Pitfalls of the Insured

As we have noted in a number of recent posts, tech companies need cyber insurance. The risk of not having it is simply not worth it.  But cyber insurance policies can be confusing to understand because the policies vary depending on your type of business, business needs, and how your customers are serviced. Some companies might need a combination of cyber policies in order to have complete cyber insurance coverage. It is very important to do your due diligence, think critically about the cyber insurance needs of your company, and find a policy that covers all of your company’s cyber …

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Revisiting Cyber Insurance: Are You Covered?

Increasingly, companies are looking to insurance to help manage their cybersecurity risks and defray losses sustained from data breaches.  Losses can range from reputational damage, business interruption, and professional fees for computer forensic services and attorneys to handle regulatory inquiries or lawsuits.  In the event of a data breach or other cyber incident, recent rulings suggest that traditional insurance policies, like a company’s Commercial General Liability Policy (CGL), may provide coverage, or, at the very least, a defense to lawsuits spawned by cyber events. How do you know if you are covered under traditional policies?  First, carefully review the language …

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Private Bankrolling of Defamation and Privacy Suits

The New York Times recently reported that famed Silicon Valley investor and PayPal co-founder Peter Thiel has been secretly bankrolling “Hulk Hogan’s” (real name Terry Bollea) invasion of privacy suit against Gawker Media. The lawsuit concerns the publication of a sex tape involving Mr. Bollea and the then-wife of one of his friends. Yuck. Double yuck that Gawker saw fit to publish the tape on its site. The yuck factor and legal merits of the suit aside, Mr. Thiel’s involvement could be a game changer. For more than 50 years, American defamation law has been tilting decidedly in favor of …

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Authenticating Purchases with Facial Recognition

Facial recognition technology has rapidly advanced in sophistication and accuracy over the years. Early use of the technology was focused on facial detection in security systems. Since 2014, the federal government has introduced facial recognition technology, along with collecting travelers’ fingerprints, in its U.S. Global Entry system in an effort to strengthen border security in major airports across the U.S. And perhaps the most widely known use of facial recognition technology today is the function of “tagging” in online social networks which allows users to identify friends in photos. Recently, businesses have begun exploring facial recognition’s potential benefits for increasing …

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Erin Andrews Jury Sends Hoteliers a $55 Million Dollar Reality Check

“Privacy law” continues to evolve in the face of ever-advancing technology. Legislative bodies, administrative agencies, courts, tech companies, and a host of other interests are working to innovate, keep pace with, or catch up. Even the First Amendment, which has been interpreted by courts, lawyers, and scholars for hundreds of years, and, which stands as a counter-balance to the right of privacy, is being tested in new ways. But the recent trial involving Erin Andrews highlights that, sometimes, privacy issues are simple, and businesses need to implement common sense policies or face potentially costly outcomes. A Nashville jury recently handed …

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Cyber Insurance: Make Sure You Understand Your Coverage

Today, businesses are increasingly purchasing cyber-specific insurance in an effort to mitigate the financial impact of a breach or other cybercrime.  In terms of what might be covered in a cyber insurance policy, there are basically two types of coverage – “first party” coverage and “third-party” coverage.  First party coverage covers the types of losses that your company might suffer directly in the event of a data incident.  That may include losses, some of which may be covered and some not, such as data destruction, denial of service attacks, incident response, crisis management, public relations, forensic investigation, remediation, breach notifications, …

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The Internet of Things and the FTC – Don’t Be the Test Case

Kevin Ashton, an expert on digital innovation, stated 15 years ago that, “If we had computers that knew everything there was to know about things—using data they gathered without any help from us—we would be able to track and count everything, and greatly reduce waste, loss and cost. We would know when things needed replacing, repairing or recalling, and whether they were fresh or past their best.”  We are a lot closer to that reality now than when Mr. Ashton first wrote those words. As most people know by now, the Internet of Things is the ever-more-present future in which everyday objects …

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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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