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Showing Blog Posts: 61–70 of 72 tagged Law

  • 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…

  • A New Administration Will Bring New Cybersecurity Regulatory Challenges

    by Stephen Wu on November 5, 2008

    America awoke this morning to a new President-Elect, Barack Obama, who swept to power in an historic election. With the change in administration, our attention as information security professionals naturally turns to the effect of the election on information security regulation and regulatory enforcement. In the past eight years, the Bush administration has neither pushed new information security…

  • Why The CSO/CISO Should Care About eDiscovery Part -4-

    by Stephen Wu on November 1, 2008

    Part -4- Recent Landmark Legal Precedents and Opinions Two important court decisions indicate an early trend underscoring the importance of eDiscovery and digital evidentiary issues to the CSO/CISO. The first case, In re Vee Vinhnee, 336 B.R. 437 (9th Cir. BAP 2005) is a precedent setting case in which the court excluded Amex's own corporate records offer of evidence necessary to establish its…

  • Why the CSO/CISO Should Care About eDiscovery Part -3-

    by Stephen Wu on October 25, 2008

    Part -3- The Evolving Landscape of eDiscovery There are three forces that are having an increasingly important influence in the ongoing evolution of eDiscovery processes. The first is the overwhelming predominance of corporate information generated and stored electronically. The second force is the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) which for the first time in…

  • Why the CSO/CISO Should Care About eDiscovery - Part 2 -

    by Stephen Wu on October 24, 2008

    Legal risks related to electronic discovery present perhaps the most significant emerging enterprise information risk, but this new risk also provides a unique opportunity for the CSO/CISO to increase his or her strategic contributions to the enterprise. In everyday civil (and criminal) litigation. and regulatory investigations and proceedings, electronic discovery ("eDiscovery") presents perhaps…

  • E-Discovery and Digital Evidence Efforts Gaining Traction Among Lawyers

    by Stephen Wu on October 20, 2008

    Sometimes information security and IT professionals may not see the big picture concerning an issue because the information they receive is from technology and service vendors. Vendors who sell hammers make it appear that the relevant issues concern only different kinds of nails. Electronic discovery and digital evidence are prime examples of this phenomenon. Various technology and service…

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