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Showing Blog Posts: 71–80 of 80 tagged Legal

  • 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…

  • 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…

  • Why the CSO/CISO Should Care About eDiscovery Part -5-

    by Stephen Wu on November 13, 2008

    Part -5- eDiscovery Leads to Digital Evidence The path to enhanced CISO understanding of the importance (to the enterprise) of rock solid digital evidence generation must first traverse the twists and turns fo the electronic discovery process. The pathway through eDiscovery may best be described though what is called the Extended Electronic Discovery Reference Model (EEDRM). The model is extended…

  • 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…

  • Security Implications of "Custody and Control"

    by Stephen Wu on October 25, 2008

    The terms "custody" and "control" should be very familiar to cyber-security stakeholders. We are, after all, concerned with internal security issues pertaining to role, access and location management as well as identity management. Note that data location means real or virtual, for those cloud type schema. It's well understood that data can't be protected unless we know what we want to protect, …

  • 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…

  • What is Cybersecurity Law and What Do Cybersecurity Lawyers Do?

    by Stephen Wu on October 8, 2008

    So far, our blog has tackled issues of ediscovery: forms of data production and why CISOs should care about ediscovery. But another aspect of our blog is “cybersecurity law” or “information security law.” (I will use the terms interchangeably.) The question naturally arises: what is information security law? Also, what do information security lawyers do? People are familiar with traditional areas…

  • Welcome to the eDiscovery, Digital Evidence and Cybersecurity Law Blog

    by Stephen Wu on September 30, 2008

    The information security and legal worlds began traveling on an accelerated convergence path in 2006. Two major developments contributing to this convergence: The 2006 amendments to the Federal Rules of Civil Procedure, and the tsunami of digital information destined to become digital evidence generated. Other legal developments involve constitutional issues involving privacy, identity theft, and…

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