Showing Blog Posts: 31–40 of 86 tagged Law

  • 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…

  • California Beefs Up Its Breach Notification Law

    by Stephen Wu on September 28, 2011

    Although we have an old cliché that says, “third time is the charm,” in the case of changing California’s breach notification law, State Senator Joe Simitian required four attempts to see the passage of his bill amending the law. On August 31, 2011, Governor Jerry Brown signed Senate Bill No. 24, a bill to enhance California’s breach notification law, S.B. 1386 from 2003. Former Governor Arnold…

  • Another Reason to Have a Security Policy – Your Customer Demands It

    by Stephen Wu on August 25, 2011

    I am always interested to see the dialogue on the listserv of the Information Security Committee (ISC) of the American Bar Association Section of Science & Technology Law. As a former Co-Chair of the ISC and Immediate Past Chair of the Section, I like to see people sharing ideas, tips, and useful documents, such as forms and checklists, that help people do their jobs. One of the recent posts on the…

  • Apple’s iCloud Will Change How We Do eDiscovery

    by Stephen Wu on July 4, 2011

    In June 2011, Apple unveiled its new iCloud service, with the company promoting the next step in moving away from PC-based computing towards a cloud-centric model of computing. Apple’s iCloud service syncs data among devices, supports automatic data backup, and support third party applications which, over time, will presumably permit a wide range of data uses and sharing. Apple’s new service…

  • Nine Days from Sony Security Breach to Class Action Lawsuit

    by Stephen Wu on May 9, 2011

    On April 27, 2011, lawyers in California filed a class action complaint against Sony for failing to protect sensitive information of consumers using the PlayStation® game console and Playstation® Network. The complaint arises from events surrounding a security breach at Sony compromising users’ data. In fact, the complaint claims that the Sony breach may result in “the greatest potential for credit…

  • Are Consumers Legally Damaged When a Free Service Fails to Protect Their Personal Information?

    by Stephen Wu on April 17, 2011

    When consumers use a paid Internet service, and the service fails to protect their personally identifiable information (“PII”), the consumers can claim that they sustained a concrete injury. They arguably paid something for the service, and did not receive the full benefit of what they expected, namely a service that protects their PII, especially when the service’s privacy policy says that it…

  • New E-Discovery Case Emphasizes Attorney Collaboration

    by Stephen Wu on March 17, 2011

    United States District Judge Shira Scheindlin in Manhattan's federal court has been as one of the leading lights in the federal judiciary in the field of electronic discovery since her landmark Zubulake v. UBS decisions in 2003 and 2004. This year, Judge Scheindlin rendered another decision that may have a similar important impact on eDiscovery practice in federal and state courts around the…

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