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Showing Blog Posts: 41–50 of 84 tagged Legal

  • Governor Schwarzenegger Vetoes Proposed A.G. Reporting Requirement for Data Breaches – Again

    by Stephen Wu on November 12, 2010

    Sometimes the third time’s a charm, but in the case of S.B. 1166, a bill intended to strengthen California’s data breach notification law, the third time ended up like the preceding two – in a veto by Governor Arnold Schwarzenegger. I wrote in aMay blog post about Sen. Joseph Simitian, the author of California’s S.B. 1386, introducing legislation for the third time to augment S.B. 1386. S.B. 1386…

  • Login and Password Information Can Be a Trade Secret

    by Stephen Wu on October 22, 2010

    In trade secrets cases, many courts emphasize how login and password information can help protect trade secrets stored in computer systems. Nonetheless, the traditional case law on trade secrets does not address whether login and password information can itself constitute a trade secret. A recent decision by the United States District Court for the Northern District of California, however, …

  • Government Proposes Encryption Backdoors

    by Stephen Wu on September 28, 2010

    The New York Times published a story yesterday saying that the Obama Administration will propose new legislation next year that would require communications service providers to create the capability to allow the government to seek the equivalent of a wiretap to view encrypted communications. Communications service providers that encrypt communications would need to have the capability to provide…

  • Data Protection and Robotics Liability

    by Stephen Wu on August 14, 2010

    I started blogging on the "Robotics and the Law" blog hosted by The Center for Internet and Society (CIS) at Stanford Law School. The blog seeks to explore legal issues arising from the use of artificial intelligence and robotics. M. Ryan Calo, one of my fellow bloggers, runs the CIS Consumer Privacy Project. He is also Co-Chair of the Artificial Intelligence and Robotics Committee of the American…

  • Appeals Court Stops Yet Another Risk of Identity Theft Case

    by Stephen Wu on July 22, 2010

    Recently, the United States Court of Appeals for the Ninth Circuit rejected the claims of a job candidate whose social security number was compromised following the theft of a laptop of the potential employer. The court ruled that the named plaintiff in this putative class action failed to adduce any evidence of appreciable and actual damages. The court issued its unpublished opinion in this…

  • Supreme Court Weighs in On Privacy of Workplace Communications

    by Stephen Wu on June 24, 2010

    On June 17, 2010, the United States Supreme Court issued a ruling in the highly-anticipated case of City of Ontario, California v. Quon. The case concerned a City of Ontario police officer, Mr. Quon, who used a City-issued pager for sending explicit text messages, and whose communications the City discovered when it audited usage in a review of the cost of the pagers. The Court ruled that the City…

  • Is the oil industry due for a little cyber security attention?

    by Gib Sorebo on June 1, 2010

    The legal profession is often seen as having the rather dubious distinction of seeking to profit at the misfortunes of others or, more simply, of being ambulance chasers. As law graduate myself, I don’t dispute that many practicing lawyers get rather aggressive around accident sites. Nonetheless, much of the profession’s bad name derives instead from the highly valuable function they perform, …

  • New Jersey Law on Interception of Internet Communications

    by Stephen Wu on May 27, 2010

    In October, New Jersey enacted cybercrime legislation signed by Governor Corzine authorizing the interception of wire or electronic communications of “computer trespassers.” A 3761 (2009). For a copy of the legislation, click here. Under A 3761, persons acting “under color of law” are authorized to “to intercept the wire or electronic communications of a suspected computer trespasser transmitted…

  • New Mississippi Breach Notification Law

    by Stephen Wu on May 15, 2010

    On April 7, 2010, Mississippi became the 46th state in the U.S. to enact breach notification legislation when the governor signed H.B. 583. The Mississippi House passed the legislation in January, and the Mississippi Senate amended and passed a version of H.B. 583 in March. The legislation covers businesses holding the personal information of Mississippi residents. For a copy of Mississippi H.B. …

  • California Information Security Legislative Update

    by Stephen Wu on May 5, 2010

    Last year, California addressed the disposal of personal information by enacting AB 1094, which provides a safe harbor for storage companies or landlords when they end up with others’ records containing personal information. Governor Schwarzenegger, however, vetoed legislation, SB 20, to enhance the state’sbreach notification law to require notification to the California AttorneyGeneral, in…

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