Blogs

Showing Blog Posts: 61–70 of 80 by Stephen Wu

  • Alaska Data Protection Law

    by Stephen Wu on August 26, 2009

    This is another in our series of articles about data protection laws around the country. The focus for this post is on Alaska. On June 19, 2008, Alaska became the 44 th state with a breach notification law when then-Governor Sarah Palin signed HB 65, the Alaska Personal Information Protection Act (“Alaska Act”). Most of the Alaska Act became effective on July 1, 2009. The Alaska Act contains a…

  • Connecticut Data Protection Law

    by Stephen Wu on July 22, 2009

    As part of our ongoing efforts to keep you up-to-date concerning information security legislation around the country, this post covers a fairly recent Connecticut law of interest to information security professionals, executives, risk managers, and attorneys. Connecticut enacted a new data protection law that became effective October 31, 2008. It includes both protection of Social Security…

  • New California Electronic Discovery Act

    by Stephen Wu on July 3, 2009

    On June 29, 2009, Governor Arnold Schwarzenegger signed into law Assembly Bill 5, which enacts California's new Electronic Discovery Act. The new legislation's provisions are similar to the ediscovery rules in the Federal Rules of Civil Procedure, but are not identical to the Federal Rules. Some of the highlights are as follows. The rules allow the discovery of electronically stored information…

  • California Health Care Data Protection Law Addresses Worker Snooping

    by Stephen Wu on April 12, 2009

    Last year, Governor Arnold Schwarzenegger signed into law new data protection laws to prevent health care workers from peeking at celebrities’ medical records, although the legislation strikes at lax data protection practices generally. The scope of the security breaches at the UCLA Medical Center is impressive in terms of the number of people involved, the number of records viewed, and the long…

  • Why the CSO/CISO Should Care About eDiscovery Part -8-

    by Stephen Wu on March 10, 2009

    Part -8- Why the CIO/CISO Should Care About eDiscovery (and Digital Evidence) From the perspective of information security and within the context of the Information Life Cycle, the new risks created by the emergence of ESI as a key component of discovery represents another organizational risk category that must be added to the existing data life-cycle management risk-set. Litigation risk must be…

  • Why the CSO/CISO Should Care About eDiscovery Part -7-

    by Stephen Wu on January 21, 2009

    Part -7- The Federal Rules of Evidence The Federal Rules of Evidence (FRE) provide a Court with rules about whether and upon what circumstances evidence may be considered admissible at trial. These rules were written in the era of the non-electronic, paper-and-ink, or physical evidence world, at a time when when paper records were the norm, and when such paper records constituted the most…

  • Why the CSO/CISO Should Care About eDiscovery Part -6-

    by Stephen Wu on January 1, 2009

    ESI Admissibility Strategy The previous section identified "presentation" as a critical phase in the discovery process. That section discussed how enterprise ESI is evaluated to determine its admissibility as evidence. Is there a fundamental strategy that can be taken? The answer depends upon whether the enterprise is the plaintiff or the defendant in a lawsuit. Accordingly, there are two…

  • Case Law Update - Spoliation Leads to Terminating Sanctions and Possible Referral to U.S. Attorney

    by Stephen Wu on December 9, 2008

    The October 15, 2008 Magistrate Judge's Report and Recommendation, which in early December was approved by the District Court Judge (together with an "Order to Show Cause" why the spoliating party should not be referred to the U.S. Attorney's office for possible criminal violations) provides a good "what not to do" list for digital evidence management. One takeaway for enterprise: Employers can't…

  • Authentication Requirement for Digital Evidence Admissibility

    by Stephen Wu on November 25, 2008

    The Bankruptcy Court in the Central District of California issued a decision in October following the Vinhnee approach to digital evidence authentication. It bears repeating that in order to have evidence considered by a jury (or a judge, in Bankruptcy court) it must first be authenticated in accordance with Federal Rules of Evidence Rule 901. The Bankruptcy Court in In re Vargas, --- B.R---, …

  • Why the CSO/CISO Should Care About eDiscovery Part -5-

    by Stephen Wu on November 13, 2008

    Part -5- eDiscovery Leads to Digital Evidence The path to enhanced CISO understanding of the importance (to the enterprise) of rock solid digital evidence generation must first traverse the twists and turns fo the electronic discovery process. The pathway through eDiscovery may best be described though what is called the Extended Electronic Discovery Reference Model (EEDRM). The model is extended…

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