Blogs

Showing Blog Posts: 21–30 of 82 tagged Legal

  • First Criminal Case in BP Oil Spill Based on Spoliation

    by Stephen Wu on April 25, 2012

    Yesterday, the first criminal charges in the BP oil spill disaster were unveiled, as the government arrested and charged BP engineer Kurt Mix with obstruction of justice. What was the crime charged? The government charged Mix with obstruction of justice based on Mix allegedly deleting text messages from his iPhone. In other words, the first criminal case in the BP disaster had to do with…

  • 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…

  • Digital Forensics for Legal Professionals

    by Ben Rothke on November 20, 2011

    The title of this new book Digital Forensics for Legal Professionals: Understanding Digital Evidence From The Warrant To The Courtroom, is somewhat of a misnomer. From the title, one may think that this is a book specifically for attorneys. The truth is that while the authors have significant professional experience in the legal field, this is a great book for anyone interested in the topic. With…

  • 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…

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