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Showing Blog Posts: 11–20 of 72 tagged Law

  • BYOD and Employee Privacy--Factors to Consider

    by Stephen Wu on December 12, 2012

    Let’s say that your company has a “Bring Your Own Device” (BYOD) policy permitting employees to use personal mobile devices for work. Do your employees have a reasonable expectation that their mobile device information is private, even if some of that information is work-related? Can an employer compel access to that information? A recent case sheds some light on the factors a court will use to…

  • New Illinois Social Media Privacy Law

    by Stephen Wu on November 12, 2012

    On January 1, 2013, new Illinois legislation will go into effect, which will limit employers' ability to gain access to employees' or job candidates' social media content. The legislation, HB3782, bars employers from requesting or requiring any employee or prospective employee to provide a password or related social networking account information. After news reports early this year talked about…

  • Burdens of Proof: Cryptographic Culture and Evidence Law in the Age of Electronic Documents

    by Ben Rothke on November 8, 2012

    In Burdens of Proof: Cryptographic Culture and Evidence Law in the Age of Electronic Documents, author Jean-François Blanchette observes that the move to a paperless society (a completely paperless society is unrealistic, as articulately detailed in The Myth of the Paperless Office) means that paper-based evidence needs to be recreated in the digital world. The book details the many the challenges…

  • Social Media Privacy Legislation Update

    by Stephen Wu on May 30, 2012

    Back in March, I wrote about new legislation at the state level that would prohibit employers from asking job applicants for their social media user names and passwords. Legislatures in eleven states have introduced social media privacy bills, and in one state, Maryland, one of the bills has become law. The idea behind these laws is that when employers demand that a job applicant disclose his or…

  • New Legislation Would Bar Employers From Asking for Social Media Passwords

    by Stephen Wu on March 24, 2012

    We have all seen stories about how social media accounts are treasure troves of information. In past years, legal experts have discussed the issue of whether employers should view social media information of prospective employees. Some employers are tempted by the amount of information available on these services to vet employees and obtain a much more candid view of what makes job applicants…

  • Senate Bill Promises to Bolster Critical Infrastructure Protection

    by Stephen Wu on February 20, 2012

    Yes, yes, we’ve heard a lot about critical infrastructure protection, its importance to the nation’s security, and preventing a “Digital Pearl Harbor.” We need more information sharing between the public sector and the private sector, the analysts say. We also need more information sharing among private companies, hopefully without creating various kinds of liability—all for the sake of…

  • Federal Breach Notification Legislative Update

    by Stephen Wu on February 11, 2012

    Over the years, Congress and the Senate have considered legislation of various kinds and scope that would have contained data security provisions, including breach notification requirements for businesses holding certain kinds of sensitive personal information. This year is no exception. There are numerous security-related bills. S.1408 is an example of a bill focused on breach notification. …

  • A “Zero Day” Security Breach Lawsuit

    by Stephen Wu on January 13, 2012

    Last May, I wrote a post about a class action lawsuit against Sony in the wake of its April 2011 security breach. I noted the timing of the suit. Lawyers filed the suit only nine or ten days after the breach. Recently, I read about a security breach lawsuit involving a break-in at Sutter Health. Someone broke into administrative offices and stole a computer containing sensitive medical records…

  • The Legal Profession – Still Catching Up with the New Reality

    by Stephen Wu on December 8, 2011

    eDiscovery rules, the law of spoliation, and evidence law now address electronically stored information (ESI). Courts and some commentators are now talking about the effect of the Internet, social networking, and cloud computing on eDiscovery and evidence law. Thus, the law is starting to catch up with the new reality of computers and the Internet. But is the legal profession catching up with this…

  • Computer Forensics Goes Beyond eDiscovery

    by Stephen Wu on November 5, 2011

    One of the things I enjoyed, as the 2010-2011 Chair of the American Bar Association Section of Science & Technology Law, was to talk to lawyers all over the country about how the practice of law is changing. Technology and scientific advances are changing the way lawyers practice law. eDiscovery is a prime example. When lawyers practicing in the field of civil litigation faced the phenomenon of…

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