Blogs

Showing Blog Posts: 31–40 of 84 tagged Legal

  • 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…

  • Privacy, Data Security, and eDiscovery Issues Are Spreading to Other Areas of Law

    by Stephen Wu on February 20, 2011

    As Chair of the American Bar Association Section of Science & Technology Law, I write a column every quarter for the Section’s glossy magazine, The SciTech Lawyer. In the upcoming issue of the magazine, I will be writing about changes I perceive in the practice of law. In particular, my message to the Section’s membership is that rapid advances in science and technology are changing the way lawyers…

  • Attorneys Have an Obligation to Clean Up Their Act – And Their Media

    by Stephen Wu on January 24, 2011

    In a pair of recent ethics, the Florida Bar and Alabama State Bar issued ethics opinions concerning the sanitization of media containing client information. Recent news stories exposed how disposed printer hard drivers may contain sensitive information, which the owners or lessees failed to destroy before disposing the printers. In an effort to minimize the risks to client information, the…

  • Ruling that Data Breach Victims Had Standing to Pursue Claims

    by Stephen Wu on December 23, 2010

    On December 14, 2010, the U.S. Court of Appeals for the Ninth Circuit ruled that victims of a data breach had standing to sue in federal court under Article III of the Constitution for negligence and breach of implied contract. The court's ruling appears in Krottner v. Starbucks Corp., No. 09-35823, 2010 WL 5141255 (9th Cir. Dec. 14, 2010). Despite the ruling for plaintiffs on standing, the…

  • FTC Publishes Proposed Privacy Framework for Behavioral Ads

    by Stephen Wu on December 9, 2010

    This month, the Federal Trade Commission issued a proposed privacy framework for businesses and policymakers to oversee behavioral advertising practices. The key provisions of the framework include: 1. Urging businesses to build privacy and data security into the design of sales and advertising practices and into the design of their products and services. 2. A call for businesses to simplify…

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