Blogs

Showing Blog Posts: 31–40 of 80 by Stephen Wu

  • Attorneys Have an Obligation to Clean Up Their Act – And Their Media

    by Stephen Wu on January 24, 2011

    In a pair of recent ethics, the Florida Bar and Alabama State Bar issued ethics opinions concerning the sanitization of media containing client information. Recent news stories exposed how disposed printer hard drivers may contain sensitive information, which the owners or lessees failed to destroy before disposing the printers. In an effort to minimize the risks to client information, the…

  • Ruling that Data Breach Victims Had Standing to Pursue Claims

    by Stephen Wu on December 23, 2010

    On December 14, 2010, the U.S. Court of Appeals for the Ninth Circuit ruled that victims of a data breach had standing to sue in federal court under Article III of the Constitution for negligence and breach of implied contract. The court's ruling appears in Krottner v. Starbucks Corp., No. 09-35823, 2010 WL 5141255 (9th Cir. Dec. 14, 2010). Despite the ruling for plaintiffs on standing, the…

  • FTC Publishes Proposed Privacy Framework for Behavioral Ads

    by Stephen Wu on December 9, 2010

    This month, the Federal Trade Commission issued a proposed privacy framework for businesses and policymakers to oversee behavioral advertising practices. The key provisions of the framework include: 1. Urging businesses to build privacy and data security into the design of sales and advertising practices and into the design of their products and services. 2. A call for businesses to simplify…

  • Governor Schwarzenegger Vetoes Proposed A.G. Reporting Requirement for Data Breaches – Again

    by Stephen Wu on November 12, 2010

    Sometimes the third time’s a charm, but in the case of S.B. 1166, a bill intended to strengthen California’s data breach notification law, the third time ended up like the preceding two – in a veto by Governor Arnold Schwarzenegger. I wrote in aMay blog post about Sen. Joseph Simitian, the author of California’s S.B. 1386, introducing legislation for the third time to augment S.B. 1386. S.B. 1386…

  • Login and Password Information Can Be a Trade Secret

    by Stephen Wu on October 22, 2010

    In trade secrets cases, many courts emphasize how login and password information can help protect trade secrets stored in computer systems. Nonetheless, the traditional case law on trade secrets does not address whether login and password information can itself constitute a trade secret. A recent decision by the United States District Court for the Northern District of California, however, …

  • Government Proposes Encryption Backdoors

    by Stephen Wu on September 28, 2010

    The New York Times published a story yesterday saying that the Obama Administration will propose new legislation next year that would require communications service providers to create the capability to allow the government to seek the equivalent of a wiretap to view encrypted communications. Communications service providers that encrypt communications would need to have the capability to provide…

  • Data Protection and Robotics Liability

    by Stephen Wu on August 14, 2010

    I started blogging on the "Robotics and the Law" blog hosted by The Center for Internet and Society (CIS) at Stanford Law School. The blog seeks to explore legal issues arising from the use of artificial intelligence and robotics. M. Ryan Calo, one of my fellow bloggers, runs the CIS Consumer Privacy Project. He is also Co-Chair of the Artificial Intelligence and Robotics Committee of the American…

  • Appeals Court Stops Yet Another Risk of Identity Theft Case

    by Stephen Wu on July 22, 2010

    Recently, the United States Court of Appeals for the Ninth Circuit rejected the claims of a job candidate whose social security number was compromised following the theft of a laptop of the potential employer. The court ruled that the named plaintiff in this putative class action failed to adduce any evidence of appreciable and actual damages. The court issued its unpublished opinion in this…

  • Supreme Court Weighs in On Privacy of Workplace Communications

    by Stephen Wu on June 24, 2010

    On June 17, 2010, the United States Supreme Court issued a ruling in the highly-anticipated case of City of Ontario, California v. Quon. The case concerned a City of Ontario police officer, Mr. Quon, who used a City-issued pager for sending explicit text messages, and whose communications the City discovered when it audited usage in a review of the cost of the pagers. The Court ruled that the City…

  • New Jersey Law on Interception of Internet Communications

    by Stephen Wu on May 27, 2010

    In October, New Jersey enacted cybercrime legislation signed by Governor Corzine authorizing the interception of wire or electronic communications of “computer trespassers.” A 3761 (2009). For a copy of the legislation, click here. Under A 3761, persons acting “under color of law” are authorized to “to intercept the wire or electronic communications of a suspected computer trespasser transmitted…

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