James Arlen and Tiffany Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device's transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server platforms, or on social networking sites.
Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
DEFCON17 - Your Mind: Legal Status, Rights and Securing YourselfJames Arlen
James Arlen and Tiffany Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device's transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server platforms, or on social networking sites.
Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
SecTor 2009 - Your Mind: Legal Status, Rights and Securing YourselfJames Arlen
James Arlen and Tiffany Strauchs Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device’s transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server/jurisdiction-hopping platforms, or on social networking sites. Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
HAR2009 - Your Mind: Legal Status, Rights and Securing YourselfJames Arlen
James Arlen and Tiffany Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device’s transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server/jurisdiction-hopping platforms, or on social networking sites. Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
This document discusses various topics relating to cyber law including personal jurisdiction, net neutrality, governance, legislation, and internet regulation. It explores challenges such as where jurisdiction lies for online actions, balancing free speech and censorship, and determining appropriate laws and regulations for a borderless internet. Governance is complex due to geographical independence and different approaches are seen internationally, for example the US emphasizing free speech while China tightly controls content.
E-Discovery: How do Litigation Hold, BYOD, and Privacy Affect You? - Course T...Cengage Learning
E-Discovery: How do Litigation Hold, BYOD, and Privacy Affect You? - Course Technology Computing Conference
Presenter: Amelia Phillips, Highline Community College
E-discovery is defined as “gathering electronically stored information (ESI) for use in litigation”. At first glance, this appears to be a straightforward statement, but upon further examination one finds that it encompasses a broad range of items. Over 90% of documents produced by companies now are electronic. Older paper files have been converted to microfiche or PDF files. Add to this email, text messages, social media (yes, even the IRS has a Facebook page) and you have an idea of the amount of information that becomes this new term called “Big Data”. Terabytes of data will soon become petabytes of data. Are we ready? Are our students prepared for this new era? E-Discovery is a field that affects not only the lawyers, but the IT support staff, and how companies do business. In this talk you will be introduced to some of the new technology in the field such as predictive coding, forensic linguistics, and social media archiving. You will also be shown some of the new tools on the market that you can use in your classrooms to prepare your students and yourself for this fast evolving arena. What does a company need to do when a litigation hold is in place? What response needs to come from the legal staff, the IT support staff, the managers, and the average employee? How does this affect the BYOD (Bring Your Own Device) policies? Which comes first - employee privacy, freedom of information or corporate security? You will walk away from this talk with a methodology to incorporate this new topic into your curriculum. You will also be given ideas of how to make this affordable for your labs, what foundations your students need, and how to deliver this in a way that appeals to the business, IT or legal oriented student. This topic affects them all. Come and find out why this is something they need to be successful in tomorrow's market.
Ray dowd copyright, ethics & social media- what the connected lawyer needs t...Raymond Dowd
This document summarizes key ethical and legal issues attorneys need to consider regarding social media and copyright. It discusses how attorneys have become publishers through social media and need to understand rules of defamation, ethics, and copyright law. The document also analyzes several court cases where attorneys or clients have faced sanctions or lawsuits due to improper social media use, such as revealing privileged information or using copyrighted materials without permission.
Copyright litigation handbook contents and overviewRaymond Dowd
Litigation handbook for attorneys handling copyright infringement, copyright ownership, and copyright licensing cases. Includes Copyright Act, Federal Rules of Civil Procedure, Federal Rules of Evidence, case annotations
DEFCON17 - Your Mind: Legal Status, Rights and Securing YourselfJames Arlen
James Arlen and Tiffany Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device's transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server platforms, or on social networking sites.
Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
SecTor 2009 - Your Mind: Legal Status, Rights and Securing YourselfJames Arlen
James Arlen and Tiffany Strauchs Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device’s transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server/jurisdiction-hopping platforms, or on social networking sites. Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
HAR2009 - Your Mind: Legal Status, Rights and Securing YourselfJames Arlen
James Arlen and Tiffany Rad
As a participant in the information economy, you no longer exclusively own material originating from your organic brain; you leave a digital trail with your portable device’s transmitted communications and when your image is captured by surveillance cameras. Likewise, if you Tweet or blog, you have outsourced a large portion of your memory and some of your active cognition to inorganic systems. U.S. and International laws relating to protection of intellectual property and criminal search and seizure procedures puts into question protections of these ephemeral communications and memoranda stored on your personal computing devices, in cloud computing networks, on off-shore "subpoena proof" server/jurisdiction-hopping platforms, or on social networking sites. Although once considered to be futuristic technologies, as we move our ideas and memories onto external devices or are subjected to public surveillance with technology (Future Attribute Screening Technology) that assesses pre-crime thoughts by remotely measuring biometric data such as heart rate, body temperature, pheromone responses, and respiration, where do our personal privacy rights to our thoughts end and, instead, become public expressions with lesser legal protections? Similarly, at what state does data in-transit or stored in implantable medical devices continuously connected to the Internet become searchable? In a society in which there is little differentiation remaining between self/computer, thoughts/stored memoranda, and international boundaries, a technology lawyer/computer science professor and a security professional will recommend propositions to protect your data and yourself.
This document discusses various topics relating to cyber law including personal jurisdiction, net neutrality, governance, legislation, and internet regulation. It explores challenges such as where jurisdiction lies for online actions, balancing free speech and censorship, and determining appropriate laws and regulations for a borderless internet. Governance is complex due to geographical independence and different approaches are seen internationally, for example the US emphasizing free speech while China tightly controls content.
E-Discovery: How do Litigation Hold, BYOD, and Privacy Affect You? - Course T...Cengage Learning
E-Discovery: How do Litigation Hold, BYOD, and Privacy Affect You? - Course Technology Computing Conference
Presenter: Amelia Phillips, Highline Community College
E-discovery is defined as “gathering electronically stored information (ESI) for use in litigation”. At first glance, this appears to be a straightforward statement, but upon further examination one finds that it encompasses a broad range of items. Over 90% of documents produced by companies now are electronic. Older paper files have been converted to microfiche or PDF files. Add to this email, text messages, social media (yes, even the IRS has a Facebook page) and you have an idea of the amount of information that becomes this new term called “Big Data”. Terabytes of data will soon become petabytes of data. Are we ready? Are our students prepared for this new era? E-Discovery is a field that affects not only the lawyers, but the IT support staff, and how companies do business. In this talk you will be introduced to some of the new technology in the field such as predictive coding, forensic linguistics, and social media archiving. You will also be shown some of the new tools on the market that you can use in your classrooms to prepare your students and yourself for this fast evolving arena. What does a company need to do when a litigation hold is in place? What response needs to come from the legal staff, the IT support staff, the managers, and the average employee? How does this affect the BYOD (Bring Your Own Device) policies? Which comes first - employee privacy, freedom of information or corporate security? You will walk away from this talk with a methodology to incorporate this new topic into your curriculum. You will also be given ideas of how to make this affordable for your labs, what foundations your students need, and how to deliver this in a way that appeals to the business, IT or legal oriented student. This topic affects them all. Come and find out why this is something they need to be successful in tomorrow's market.
Ray dowd copyright, ethics & social media- what the connected lawyer needs t...Raymond Dowd
This document summarizes key ethical and legal issues attorneys need to consider regarding social media and copyright. It discusses how attorneys have become publishers through social media and need to understand rules of defamation, ethics, and copyright law. The document also analyzes several court cases where attorneys or clients have faced sanctions or lawsuits due to improper social media use, such as revealing privileged information or using copyrighted materials without permission.
Copyright litigation handbook contents and overviewRaymond Dowd
Litigation handbook for attorneys handling copyright infringement, copyright ownership, and copyright licensing cases. Includes Copyright Act, Federal Rules of Civil Procedure, Federal Rules of Evidence, case annotations
This document provides a guide for foreign business people doing business in the USA. It covers exporting and selling to the USA, including ensuring products can be legally imported and sold and obtaining necessary licenses and permits. It discusses the importance of trademarks, copyrights, and other intellectual property protections. When engaging distributors, dealers, or sales agents, it advises checking references, deciding between exclusive or non-exclusive arrangements, and taking the initiative in drafting contracts. The guide is intended to provide an overview of key legal and business issues without extensive detail.
The document provides an overview of the new amendments to the Federal Rules of Civil Procedure related to electronically stored information and the impact on organizations. Key points include: the amendments require organizations to manage electronic data to allow timely and complete production during legal proceedings; organizations must implement litigation holds and retention policies to avoid sanctions for failure to preserve relevant evidence; special consideration is needed for electronically stored information that may not be reasonably accessible.
This document summarizes a workshop on privacy and missing persons in natural disasters. It discusses key definitions and privacy aspects related to missing persons data. It analyzes major privacy issues for data controllers, including issues around data collection, use and individual rights. It provides options for organizations involved in missing persons efforts and for policymakers, such as guidance from data protection authorities, to help address privacy concerns in natural disasters.
The document discusses international issues related to e-discovery and cross-border data privacy laws. It notes fundamental differences between common law discovery traditions and civil law traditions, as well as differing notions of privacy between the U.S. and other countries. Blocking statutes, data protection laws, and differing legal systems can create conflicts and challenges for obtaining electronic information across borders for litigation purposes. International frameworks like The Hague Convention have attempted to resolve some of these issues but are rarely used.
This document summarizes key legal issues related to social media and meetings in the digital age. It discusses how the law is still catching up to social media and outlines various social media applications and considerations like privacy, trademarks, and defamation. It then provides recommendations for protecting organizations, such as establishing social media policies and user agreements. It also discusses relevant legislation around topics like electronic signatures, copyright, and children's privacy. Finally, it briefly covers some case law developments regarding issues like defamation, privacy, labor, and criminal cases related to cyberbullying.
Gurley Testimony on Lap Top Privacy and Information Seizures at the Border-Se...Susan Gurley
Susan Gurley of the Association of Corporate Travel Executives testified before the Senate Committee on the Judiciary about the Department of Homeland Security claiming authority to inspect and seize electronic devices like laptops at US borders without suspicion. She expressed concern that this allows the warrantless seizure of proprietary business information and personal data. ACTE represents major companies and billions in annual business travel spending. Gurley argued this issue impacts both individuals and the US economy, and urged Congress to clarify border search procedures to protect privacy and due process.
At a recent in-house CLE event, John Sganga, Partner and the firm's Litigation Practice Group Chair, presented an intellectual property year in review discussing important cases throughout 2015.
08/19/2010 Meeting - Litigation Holds and Security Breachesacfesj
This document discusses litigation holds and the duty to preserve data in security breaches and electronic discovery. It provides an overview of key topics including defining litigation holds and preservation letters, triggering events that initiate the duty to preserve, the scope of relevant documents to preserve, and consequences of spoliation such as possible sanctions. It also examines examples of both adequate and inadequate litigation hold letters and cases where spoliation occurred through willful or negligent destruction of evidence. The overall message is that parties have an obligation to identify, preserve, and produce electronically stored information that is potentially relevant to reasonably anticipated or ongoing litigation. Failure to do so could result in sanctions.
This document discusses various legal issues related to the use of social data, including copyright, right of publicity, trademarks, defamation, content regulation, marketing, workplace issues, and due diligence. It notes that many businesses and individuals lack an understanding of the applicable legal requirements and risks, such as content removal, penalties, and lost opportunities. It provides an overview of key areas of law and encourages learning the "rules of the road" to avoid these risks when creating, commercializing, and enforcing rights related to content and speech online or in other digital contexts.
10/15/2009 Meeting - Tools of The Trade (Background Checks)acfesj
Background investigations can help with fraud investigations, fraud prevention, and litigation support. For fraud investigations, public records can uncover undisclosed businesses or relationships that reveal fraud schemes. Fraud prevention involves conducting due diligence on parties like merger targets to identify issues. Background checks on opposing parties, witnesses, and their assets can assist the litigation process by revealing patterns of behavior or inconsistencies. Online research provides a valuable first step but should be supplemented with further investigation due to limitations in availability and coverage of information.
Makerspaces: The Library's Legal Answers WorkshopALATechSource
This document summarizes key legal issues related to makerspaces in libraries. It discusses potential risks around patents, causing harm, waivers and agreements, speech issues, privacy, copyright, and trademark. On patents, the risk of direct or contributory infringement by the library is low as 3D printers are capable of substantial non-infringing uses. On harm, warnings should be provided if printers are broken. Waivers can release libraries from liability for negligent conduct. Speech in makerspaces is likely considered a nonpublic or limited public forum, allowing some reasonable content limits.
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Here is a 3 sentence summary of the key points from the document:
Privacy and personal identifiable information (PII) are important topics as more personal data is collected and shared online. While privacy is not explicitly outlined in the US Constitution, PII generally refers to information like names, social security numbers, addresses, and other data that can be used to identify an individual. The document discusses different definitions of privacy and PII, potential privacy violations online, and tips for protecting personal information to maintain privacy in the digital world.
Patent Law Review - IP Year in Review CLE v2Bryan Beel
This document provides a summary of a presentation on recent developments in patent law given to the Oregon State Bar Intellectual Property Section. It discusses several topics, including proposed patent legislation, practice before the International Trade Commission and Patent and Trademark Office, as well as recent decisions from the Federal Circuit and Supreme Court that have impacted patent law. The presentation was delivered by Bryan Beel of Perkins Coie LLP on February 14, 2014.
The document summarizes an annual ethics update presentation given to Sulloway lawyers. It discusses various technology and ethics issues including litigation holds, virtual practice concerns, and confidentiality on Zoom. It also reviews recent ethics cases and ABA opinions. Throughout the presentation, the duties of competent representation and preserving client confidentiality are emphasized. Best practices for using technology professionally and virtually are provided.
Data localization requirements are on the rise around the world as governments seek to limit the flow of data across national borders. The document analyzes data localization measures in 16 countries and the European Union. It finds that countries are implementing a wide variety of measures from explicit requirements to store data locally to indirect measures like requiring consent for cross-border data transfers. The measures are driven by concerns over foreign surveillance, privacy, security and law enforcement. However, the document argues that data localization is likely to backfire and undermine rather than enhance these goals.
The Evolving Computer Fraud and Abuse ActShawn Tuma
The slides from Shawn Tuma's presentation to the Computer Law Section of the Dallas Bar Association entitled The Evolving Computer Fraud and Abuse Act. Dated April 23, 2012.
This presentation discusses the emerging tort of "intrusion upon seclusion" in Canada. It summarizes a key court case, Jones v. Tsige, that recognized this tort for the first time. The tort involves the intentional and unauthorized intrusion upon a person's private affairs or concerns in a manner highly offensive to a reasonable person. The presentation examines the implications of this new tort for corporate data security, computer monitoring, employer surveillance, private investigations, and litigation involving investigations. It advises employers to have clear, well-enforced policies governing access to employee information and electronic devices to reduce risks from this developing area of privacy law.
Peter L. Brewer is a patent attorney at Baker, Donelson, Bearman, Caldwell & Berkowitz PC who specializes in intellectual property law. He helps companies and inventors understand their patent, trademark, and intellectual property rights and responsibilities. Brewer has an engineering background from Texas A&M University, which led him to pursue patent law. He represents a variety of clients, from large companies to individual inventors. Brewer drafts patents, provides legal opinions, and assists with litigation but does not litigate himself. He also writes and speaks about developments in intellectual property law.
IBM Smarter Commerce Florida 2014 The Furture of Privacy by Aurélie Pols & Bl...FLUZO
In a data driven economy, analysts must be concerned with how data is collected, processed and subsequently used to improve online customer experiences, during those moments that matter.
Unlocking Value & Controlling Risk by #MindYourPrivacy
Does your company adequately manage and control the Data Life Cycle? Are you aware of European Privacy fines? Did the Target security breach that emanated through a 3rd party worry you and make you wonder about where to start?
Although cloud computing presents a compelling business case for companies looking to reduce spending, streamline processes, and increase accessibility, the very idea of trans-border data flows raises the hackles of privacy advocates all over the globe. In Canada, government and members of the public have expressed serious concern over the potential misuse of personal information gone offshore. Join Else for an overview of those concerns and what they might mean for your organization.
This document provides a guide for foreign business people doing business in the USA. It covers exporting and selling to the USA, including ensuring products can be legally imported and sold and obtaining necessary licenses and permits. It discusses the importance of trademarks, copyrights, and other intellectual property protections. When engaging distributors, dealers, or sales agents, it advises checking references, deciding between exclusive or non-exclusive arrangements, and taking the initiative in drafting contracts. The guide is intended to provide an overview of key legal and business issues without extensive detail.
The document provides an overview of the new amendments to the Federal Rules of Civil Procedure related to electronically stored information and the impact on organizations. Key points include: the amendments require organizations to manage electronic data to allow timely and complete production during legal proceedings; organizations must implement litigation holds and retention policies to avoid sanctions for failure to preserve relevant evidence; special consideration is needed for electronically stored information that may not be reasonably accessible.
This document summarizes a workshop on privacy and missing persons in natural disasters. It discusses key definitions and privacy aspects related to missing persons data. It analyzes major privacy issues for data controllers, including issues around data collection, use and individual rights. It provides options for organizations involved in missing persons efforts and for policymakers, such as guidance from data protection authorities, to help address privacy concerns in natural disasters.
The document discusses international issues related to e-discovery and cross-border data privacy laws. It notes fundamental differences between common law discovery traditions and civil law traditions, as well as differing notions of privacy between the U.S. and other countries. Blocking statutes, data protection laws, and differing legal systems can create conflicts and challenges for obtaining electronic information across borders for litigation purposes. International frameworks like The Hague Convention have attempted to resolve some of these issues but are rarely used.
This document summarizes key legal issues related to social media and meetings in the digital age. It discusses how the law is still catching up to social media and outlines various social media applications and considerations like privacy, trademarks, and defamation. It then provides recommendations for protecting organizations, such as establishing social media policies and user agreements. It also discusses relevant legislation around topics like electronic signatures, copyright, and children's privacy. Finally, it briefly covers some case law developments regarding issues like defamation, privacy, labor, and criminal cases related to cyberbullying.
Gurley Testimony on Lap Top Privacy and Information Seizures at the Border-Se...Susan Gurley
Susan Gurley of the Association of Corporate Travel Executives testified before the Senate Committee on the Judiciary about the Department of Homeland Security claiming authority to inspect and seize electronic devices like laptops at US borders without suspicion. She expressed concern that this allows the warrantless seizure of proprietary business information and personal data. ACTE represents major companies and billions in annual business travel spending. Gurley argued this issue impacts both individuals and the US economy, and urged Congress to clarify border search procedures to protect privacy and due process.
At a recent in-house CLE event, John Sganga, Partner and the firm's Litigation Practice Group Chair, presented an intellectual property year in review discussing important cases throughout 2015.
08/19/2010 Meeting - Litigation Holds and Security Breachesacfesj
This document discusses litigation holds and the duty to preserve data in security breaches and electronic discovery. It provides an overview of key topics including defining litigation holds and preservation letters, triggering events that initiate the duty to preserve, the scope of relevant documents to preserve, and consequences of spoliation such as possible sanctions. It also examines examples of both adequate and inadequate litigation hold letters and cases where spoliation occurred through willful or negligent destruction of evidence. The overall message is that parties have an obligation to identify, preserve, and produce electronically stored information that is potentially relevant to reasonably anticipated or ongoing litigation. Failure to do so could result in sanctions.
This document discusses various legal issues related to the use of social data, including copyright, right of publicity, trademarks, defamation, content regulation, marketing, workplace issues, and due diligence. It notes that many businesses and individuals lack an understanding of the applicable legal requirements and risks, such as content removal, penalties, and lost opportunities. It provides an overview of key areas of law and encourages learning the "rules of the road" to avoid these risks when creating, commercializing, and enforcing rights related to content and speech online or in other digital contexts.
10/15/2009 Meeting - Tools of The Trade (Background Checks)acfesj
Background investigations can help with fraud investigations, fraud prevention, and litigation support. For fraud investigations, public records can uncover undisclosed businesses or relationships that reveal fraud schemes. Fraud prevention involves conducting due diligence on parties like merger targets to identify issues. Background checks on opposing parties, witnesses, and their assets can assist the litigation process by revealing patterns of behavior or inconsistencies. Online research provides a valuable first step but should be supplemented with further investigation due to limitations in availability and coverage of information.
Makerspaces: The Library's Legal Answers WorkshopALATechSource
This document summarizes key legal issues related to makerspaces in libraries. It discusses potential risks around patents, causing harm, waivers and agreements, speech issues, privacy, copyright, and trademark. On patents, the risk of direct or contributory infringement by the library is low as 3D printers are capable of substantial non-infringing uses. On harm, warnings should be provided if printers are broken. Waivers can release libraries from liability for negligent conduct. Speech in makerspaces is likely considered a nonpublic or limited public forum, allowing some reasonable content limits.
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Here is a 3 sentence summary of the key points from the document:
Privacy and personal identifiable information (PII) are important topics as more personal data is collected and shared online. While privacy is not explicitly outlined in the US Constitution, PII generally refers to information like names, social security numbers, addresses, and other data that can be used to identify an individual. The document discusses different definitions of privacy and PII, potential privacy violations online, and tips for protecting personal information to maintain privacy in the digital world.
Patent Law Review - IP Year in Review CLE v2Bryan Beel
This document provides a summary of a presentation on recent developments in patent law given to the Oregon State Bar Intellectual Property Section. It discusses several topics, including proposed patent legislation, practice before the International Trade Commission and Patent and Trademark Office, as well as recent decisions from the Federal Circuit and Supreme Court that have impacted patent law. The presentation was delivered by Bryan Beel of Perkins Coie LLP on February 14, 2014.
The document summarizes an annual ethics update presentation given to Sulloway lawyers. It discusses various technology and ethics issues including litigation holds, virtual practice concerns, and confidentiality on Zoom. It also reviews recent ethics cases and ABA opinions. Throughout the presentation, the duties of competent representation and preserving client confidentiality are emphasized. Best practices for using technology professionally and virtually are provided.
Data localization requirements are on the rise around the world as governments seek to limit the flow of data across national borders. The document analyzes data localization measures in 16 countries and the European Union. It finds that countries are implementing a wide variety of measures from explicit requirements to store data locally to indirect measures like requiring consent for cross-border data transfers. The measures are driven by concerns over foreign surveillance, privacy, security and law enforcement. However, the document argues that data localization is likely to backfire and undermine rather than enhance these goals.
The Evolving Computer Fraud and Abuse ActShawn Tuma
The slides from Shawn Tuma's presentation to the Computer Law Section of the Dallas Bar Association entitled The Evolving Computer Fraud and Abuse Act. Dated April 23, 2012.
This presentation discusses the emerging tort of "intrusion upon seclusion" in Canada. It summarizes a key court case, Jones v. Tsige, that recognized this tort for the first time. The tort involves the intentional and unauthorized intrusion upon a person's private affairs or concerns in a manner highly offensive to a reasonable person. The presentation examines the implications of this new tort for corporate data security, computer monitoring, employer surveillance, private investigations, and litigation involving investigations. It advises employers to have clear, well-enforced policies governing access to employee information and electronic devices to reduce risks from this developing area of privacy law.
Peter L. Brewer is a patent attorney at Baker, Donelson, Bearman, Caldwell & Berkowitz PC who specializes in intellectual property law. He helps companies and inventors understand their patent, trademark, and intellectual property rights and responsibilities. Brewer has an engineering background from Texas A&M University, which led him to pursue patent law. He represents a variety of clients, from large companies to individual inventors. Brewer drafts patents, provides legal opinions, and assists with litigation but does not litigate himself. He also writes and speaks about developments in intellectual property law.
IBM Smarter Commerce Florida 2014 The Furture of Privacy by Aurélie Pols & Bl...FLUZO
In a data driven economy, analysts must be concerned with how data is collected, processed and subsequently used to improve online customer experiences, during those moments that matter.
Unlocking Value & Controlling Risk by #MindYourPrivacy
Does your company adequately manage and control the Data Life Cycle? Are you aware of European Privacy fines? Did the Target security breach that emanated through a 3rd party worry you and make you wonder about where to start?
Although cloud computing presents a compelling business case for companies looking to reduce spending, streamline processes, and increase accessibility, the very idea of trans-border data flows raises the hackles of privacy advocates all over the globe. In Canada, government and members of the public have expressed serious concern over the potential misuse of personal information gone offshore. Join Else for an overview of those concerns and what they might mean for your organization.
Fourth Amendment as a Service - Workshop - 2-21-17FourthAsAService
Slides from the Fourth Amendment as a Service Workshop held at the University of Central Florida on January 21st, 2017. Find more at www.fourthamendmentasaservice.org or @4thasaservice
Exploring Data Privacy - SQL Saturday Louisville 2011John Magnabosco
This is the slide deck from the presentation given at SQL Saturday event in Louisville, October 2011. A modified version of this presentation was given at the Indianapolis SQL Saturday in May 2011.
The document discusses emerging issues around data privacy and the increasing conflict between privacy regulations and security practices. It notes that as technologies become more invasive and personal data is more broadly defined, protecting privacy will become more challenging. Current conflicts center around government access to data for security purposes versus privacy rights, as illustrated by debates over laws like the USA PATRIOT Act and NSA surveillance programs. The document also examines differences in privacy definitions and regulations between jurisdictions like the US and EU. Looming issues include the potential impact of Europe's new General Data Protection Regulation and a case regarding law enforcement access to data stored outside a country.
While there is tendency to publicly acclaim GDPR as a wonderful advancement, the sad truth is that EU operators now need sophisticated techniques to extract at least part of the knowledge that is freely available in other Countries. One of the main tools is Data Anonymization. Full anonymization amounts to data destruction. But there are levels. What is actually required to be compliant? How different situations require different anonymization levels? How to measure?
Data Property Rights (Rocky Mountain IP and Technology Institute 2013) (May 2...Jason Haislmaier
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Cybersecurity Legal and Compliance Issues Business & IT Leaders Must Know -- ...Shawn Tuma
This presentation was delivered by Shawn E. Tuma, Cybersecurity and Data Privacy Attorney, to the Joint Meeting of ISACA and IIA North Texas on January 12, 2017.
This presentation was significantly updated from past presentations and included a discussion of the groundbreaking New York Department of Financial Services (NYDFS) Cybersecurity Requirements for Financial Services Companies.
The main points of this presentation are:
(1) Cybersecurity events create a crisis situation and should be treated as such;
(2) Cybersecurity incidents are as much legal events as they are IT or Business / Public Relations events;
(3) Companies must have a cybersecurity breach response plan in place and tested, in advance;
(4) While consumer class action data breach litigation is a significant threat to companies and their leadership, it is not as great of a threat as regulatory enforcement by agencies such as the FTC and SEC, or the shareholder derivative claims for officer and director liability; and
(5) The odds are that all company will be breached, but preparation and diligence can help minimize the likelihood that such a breach from being a catastrophic event.
This presentation addresses the role of attorneys as the first responders in leading their clients through cybersecurity and data loss crisis events. The discussion begins by looking at the risk business have of being the victim of a cybersecurity or data loss incident and examining the nature of such incidents and the crisis environment they create. Then, because of this crisis environment, the need for leadership in helping keep the parties calm, rational, and making deliberate, calculated decisions.
The discussion then explains why cybersecurity events are legal events and legal counsel is the natural leader that should fulfill this role and how they can do so. It will then discuss the process legal counsel will take, including assembling the key players in such an event, both internally and externally. It discusses the obligations for responding to such an event, the steps that must be taken, those that must be considered, and certain factors that go into the decision-making process. It briefly addresses the costs of such an incident and the liability issues that can arise from such an incident and failing to properly respond to the incident. This section includes a discussion of the cybersecurity lawsuit landscape, cybersecurity regulatory landscape, and the issue of cybersecurity-related officer and director liability stemming from shareholder derivative lawsuits based on cybersecurity incidents.
It concludes with a discussion of the steps that companies can take to prepare for and be in a better position to respond to and mitigate the negative repercussions of such an incident.
The document discusses electronic forensic examinations in trade secret theft cases. It covers the legal basis for forensic examinations under In re Weekley Homes, L.P., selecting a qualified forensic expert, drafting forensic protocols, examining target devices and data, reviewing extracted information, international collection considerations, and DTSA notice requirements for employment agreements.
The document discusses whether concerns about avoiding US cloud providers in the EU are due to protectionism or valid security and privacy concerns. It outlines EU protectionist policies around data privacy and local data storage. It also describes US surveillance laws like the Patriot Act that allow access to customer data with limited oversight. While the US protects its citizens more, EU data protection laws may not meet US legal standards. The document argues that concerns are valid but that organizations should focus on implementing security best practices like encryption rather than protectionism.
Cloaking Devices, CyberPersonas, and Neutral ZonesChris Haddad
When every endpoint is under constant attack, and all traffic is being parsed and analyzed, how can we safeguard confidential information, freely interact, and express our digital persona without concern? Chris will describe why privacy must not be breached; why anonymity can engender hostility, and what mindset is leading us into cyberwar zones instead of cybertrade neutral zones.
Three key aspects of privacy are freedom from intrusion, control of personal information, and freedom from surveillance. New technologies like large databases, data mining, and location tracking pose major privacy risks as personal information is increasingly collected and shared without users' knowledge or consent. The Fourth Amendment protects against unreasonable searches and seizures by the government, but its application to new surveillance technologies like thermal imaging and face recognition is still being defined by Supreme Court decisions regarding reasonable expectations of privacy.
How your nonprofit can avoid data breaches and ensure privacyTechSoup Canada
Increasingly, nonprofits hold large quantities of digital assets (such as donor information, grant application details, financial records, etc.). Organizations of all sizes and industries are being targeted by cyber criminals. Cyber-attacks will often devastate an organization’s operations and have significant financial, legal and reputational consequences.
In this webinar, Imran Ahmad of Miller Thomson, LLP will explain how implementing best practices from a pre-breach standpoint can go a long way to mitigate the negative consequences of a cyber-attack.
What you will learn:
- what the cyber threat landscape looks like
- how to ensure privacy of your digital assets
- steps to take in the aftermath of a cyber-attack
This document discusses privacy issues related to personal information collected by companies. It notes that while no comprehensive privacy law exists, some sectors have legislation governing privacy and data protection. The document also summarizes some recent legal cases involving privacy violations, such as companies failing to protect customer data or illegally collecting children's information. It concludes by advising both businesses and consumers to be careful about data collection and use common sense to protect personal privacy.
A CLE presentation at the New York County Lawyer Association by Monique Altheim, Esq. with Joseph Bambara, followed by a panel discussion with Hon. James C. Francis, U.S. Magistrate Judge, Southern District of New York.
This document discusses cybersecurity risks and legal obligations related to data breaches. It notes that the cost of data breaches has risen each year, with the average total cost reaching $6.5 million in 2015. Companies face a variety of international, federal, and state laws regarding data privacy and breach notification. The document provides an overview of considerations for determining if an event qualifies as a data breach, when to report breaches to law enforcement or regulators, and penalties for noncompliance with state breach notification laws.
This document summarizes a presentation on trends in cybercrime and preparing for data breaches. It discusses how companies that store covered information have regulatory requirements to protect that data and will likely experience a breach. If unprepared, a breach can be costly due to expenses of remediation, impact to brand, and business disruption. The presentation advises organizations to develop and regularly test breach response plans, audit all systems and data stores, and establish relationships with law enforcement agencies. Federal legislation is also being pursued to standardize breach notification across states. Resources for breach response and law enforcement assistance are provided.
Data Sovereignty is the idea that data are subject to the laws and governance structures within the nation it is collected. The concept of data sovereignty is closely linked with data security, cloud computing and technological sovereignty. Data sovereignty is usually discussed in two ways: in relation to Indigenous groups and Indigenous autonomy from post-colonial states or in relation to transnational data flow. With the rise of cloud computing, many countries have passed various laws around control and storage of data, which all reflects measures of data sovereignty.
Ref: Wikipedia
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BlackHat USA 2009 - Your Mind: Legal Status, Rights and Protecting Yourself
1. Your Mind: Legal Status,
Rights and Securing
Yourself
Tiffany Rad and James Arlen
Black Hat USA
July 29, 2009
2. We’re going to make your brain hurt.
In a good way.
The hurt might even save your brain.
Disclaimer: Neither of us are speaking
for our employers. We promise not to
break the world.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
3. Tiffany Strauchs Rad, MA, MBA, JD
• President of ELCnetworks, LLC.,
o Business, tech and security consulting,
legal services
• Part-time Adjunct Professor in the computer
science department at the University of
Southern Maine
o computer law and ethics, information
security
• Establishing a computer crimes clinic at
Maine School of Law
• Organizer of HackME, a hacker space in
Portland, Maine
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
4. James “Myrcurial” Arlen, CISA
• Part-time Security Consultant
o Fortune 500, Profit 50, based in Toronto
• Part-time Chief Information Security
Officer at a mid-sized financial
• Part-time stringer for Liquidmatrix
Security Digest
• Full-time push-the-envelope next-gen
super-duper visionary strategitarian
• Founder of think|haus, a hacker space in
Hamilton, Ontario
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
5. Some definitions and legalese-to-english
translations:
• Stored data and communications
• In-transit communications
• Legal person
• Legal adult
• Non compos mentis
• Common law
• Tort law
• Jurisdiction
• Agent (not secret, corporate)
• Contract
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
6. “Data” and “Document” are sometimes,
but not always interchangeably used
by lawyers and legislators.
We will use these working definitions:
• Data: the lowest level of abstraction
from which information and knowledge
are derived. IE: Bytes arranged in order.
• Document: a bounded physical
representation of body of information
designed with the capacity (and usually
intent) to communicate.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
7. Living Person (Person in Being)
or
Business Organization (Corporate
Entity)?
• A company has some legal rights similar to
a living person
o A company can make contracts as well as sue
and be sued
o An Agent can “speak” for the business
organization
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
8. Legal and Technical Differences:
• Stored Communications
o When data has come to rest on a device
o SCA derived from the ECPA
• In Transit Communication
o When data is still “moving” between
devices
* Please download updated slides!
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
9. Fourth Amendment
“The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and the
persons or things to be seized.”
• Only works inside the borders of the
USA
• Doesn’t count *at* the border
• May be over-ridden by other laws and
norms - USA PATRIOT ACT
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
10. Sanctity of your person is not absolute:
• T.S.A.
• Terry stop
• Warrant
• Third party permission to search
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
11. Sanctity of your “stuff” is even less
absolute:
• Computers and compute devices
• Plain sight/view
• Non-related data
• Incomplete warrant
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
12. Warrants are applicable to external,
small computing devices
• Cell phones
• PDAs
• Car Computers (in most states)
• Medical Devices
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
13. Fifth Amendment
“No person shall be held to answer for a capital, or otherwise infamous
crime, unless on presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any person be
subject for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public use,
without just compensation.”
• You cannot be forced to incriminate
yourself
• No such right in Canada
• No such right at the border
• Other jurisdictions?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
14. Consider the various ways in which the
law treats data…
…For now, just keep in mind data which
is stored in some way – not moving
through networks.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
15. Case One:
• Data stored in a cloud based
application with servers in the USA
• IE: Google doc
• Search and seizure?
• By other governments?
• You are PWN3D
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
16. Case Two:
• Data stored in an external backup
site with servers in the USA
• IE: Amazon S3
• Search and seizure?
• By other governments?
• You are PWN3D
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
17. Case Three:
• Data stored on a rented server with
an ISP in the USA
• IE: Rackspace
• Search and seizure?
• By other governments?
• You are PWN3D
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
18. Case Four:
• Data stored on an owned server
with an ISP in the USA
• IE: local colocation provider
• Search and seizure?
• By other governments?
• You are PWN3D
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
19. Case Five:
• Data stored on an owned fileserver
located in your home in the USA
• Search and seizure?
• By other governments?
• You are PWN3D
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
20. Case Six:
• Data stored on an owned laptop
that is kept in your personal
possession in the USA
• Search and seizure?
• You are PWN3D
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
21. Case Seven:
• Data stored on a
telecommunications device that is
kept in your personal possession in
the USA
• Search and seizure?
• You are PWN3D
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
22. Case Eight:
• Data stored on a data storage media
that is kept in your personal
possession in the USA
• Search and seizure?
• You are PWN3D
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
23. Don’t be a fool – encrypt your data!
AES-1024 w/ 32768bit keys FTW!
…Ok – so what if you encrypt?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
24. Obfuscated or Encoded (rot13, base64, etc)
• Commonly used as a legal ‘defense’ for
DCMA
• Isn’t going to save you.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
25. Common off-the-shelf encryption
• Commercial options: PGP, Ironkey,
others.
• Non-Commercial options: GPG,
Truecrypt, etc.
• You’ll give up the key.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
26. Personal / self-developed encryption:
• One-time pad
• You are Bruce Schneier
• You’ll give up the algorithm and the
key.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
27. All of the above refers to data at rest…
…What happens if the data is in motion?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
28. Ok – that’s all great… you’re not making
me feel better about my data, but I
thought this talk was about my mind.
Lets just take a few minutes to tease
apart what you mean when you talk
about the difference between your
stored data and your mind.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
29. Before we launch in though – here’s a piece
of historical case law to think about…
The contents of your desk/briefcase/valise
– your “Personal Notes and Effects” have
some protections…
How does that fall apart in this brave new
world.
Where do you keep your memory?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
30. Pretend it’s still the ’90s.
1990's PDA - "Assistant" -- names, addresses,
phone numbers, relationships (PII of
others), your PII+aspirations, future
events, plans, etc.
Are we talking about “thoughts”/”memories”
or personal notes and effects?
Are alarm settings legally an agent?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
31. Pretend it’s finally the early 00’s.
Connected PDA – same as previous case
but has some replicated data-stores.
The replicated copies are held by a
corporation – is there an agency
relationship?
Does the corporation have rights to your
memory / knowledge?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
32. What about when the memory is not ‘to
remember something’ – but rather ‘to
do some action’?
How about a cron job or scheduled task?
Google Search Alerts?
This is less about data and more about
agency.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
33. When we transition from “remember
something” to “remember to do some
action”… there’s a natural extension to:
“Make a decision for me.”
This is getting really close to the legal
definition of agency.
We’re already doing this. My Outlook client
decides whether or not to accept meeting
invitations based on criteria that I give it.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
34. Is there a bright line we can draw to
distinguish your thoughts and
memories from those you’ve recorded?
…At what point does the
computer become a legal agent?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
35. How am I related to my:
» Computer
» hardware – chattel
» software – explicit license with multiple
corporations
» Data Storage
» local - chattel
» remote – contract with 3rd party
» Transmission Capability
» direct – explicit license with the FCC
» internet – contract with 3rd party
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
36. But is it even possible to “own” a
computer in the sense that I can own a
carrot?
If I’m not an owner but merely a
licensee, who really owns my
computer?
What the *&^#%!!!!!
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
37. …but if the computer isn’t “mine” in a
reasonable sense, can it still make
decisions that I am bound to?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
38. …is there any other situation where a
licensed non-entity can apparently
enter into contracts on behalf of a
natural person?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
39. Do I have an explicit or implicit contract
with my computer?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
40. Can a computer do these things and
somehow become legally “alive”?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
41. What does it take to become "legally" an
agent - for yourself or others?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
42. Can we map out a "cognitive ladder" that
one of these data/computer/
information systems can climb towards
legal maturity?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
43. We already have a set of cases which
describe the legal nature of less than
adult. Are computer-based agents
similar to children?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
44. Various "adult" ages:
» Age of Majority
» Age of License
» Age of Consent
» Age of Criminal Responsibility
All of these vary from 7 - 21
There's quite a gap there in terms of
capability or capacity for cognition.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
45. The other obvious place where the law
has considered the concept of
cognitive maturity as it relates to legal
maturity is in the case of mentally
handicapped adults.
Could a computer pass these tests?
What happens when ELIZA meets
Rainman.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
46. Do these cognitive agents represent your
thoughts?
If they do, they should have the same
protections as your mind.
But if they don’t…
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
48. You can move actual memory out of
your head and into a device.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
49. You’ve probably already done this with
some things…
• Do you keep track of phone
numbers anymore?
• What about important dates?
• What are you doing next Thursday?
Let me just ‘borrow’ your phone – how’s
your memory now?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
50. Record of your actions or activities…
• Are you establishing intent?
• Can you ever take it back?
• Your cell phone provider will turn
over text messages – sometimes
even without a subpoena.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
51. But I’m a hipster and I want to have
access to my memory everywhere –
I use Cloud Memory!!!
Who really controls your information?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
53. …but you actively chose to use all of
those things…
…you’ve done this to yourself…
…but what if you have no option?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
54. Medical prosthetics are no longer “dumb”
devices…
• Pacemakers
• Automatic Defibrillator (BH 2008-Kohno, Fu)
• Insulin / Drug Pumps
• Seizure Detection/Control
They include event loggers, wireless
communications, and vulnerability to
subpoena.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
55. Public Surveillance beyond the simple CCTV
Future Attribute Screening Technology
(FAST) assesses pre-crime thoughts.
FAST is grounded in research on human behavior and
psychophysiology, focusing on new advances in behavioral/
human-centered screening techniques. The aim is a
prototypical mobile suite (FAST M2) that would be used to
increase the accuracy and validity of identifying persons
with malintent (the intent or desire to cause harm).
Identified individuals would then be directed to secondary
screening, which would be conducted by authorized
personnel.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
56. How the USA Dept. of Homeland Security
views these things…
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
57. 2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
58. …Are your thoughts legible at a
distance?
…Are you ok with a blanket grant on
what you might be thinking?
…How do you control your biometry
data once it’s measured and taken by
others?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
59. Employers collecting biometric data on
employees – what does it reveal about your
thoughts?
• FBI is collecting biometric data stored in
the Clarksburg, West Virginia facility
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
60. RFID + Security: Don't Mess With Las Vegas?
Third Eye has a new RF-based security system,
SATS (Security Alert Tracking System) based on a
wristband biosensor (from SPO Medical) that
monitors employee's heart rate.
If the rate suddenly increases, management is
alerted by an RF signal from the wristband.
The premise is that if a casino employee's heart
starts suddenly beating rapidly, they are likely
under stress. This could be due to some
emergency such as a robbery, or possibly
because the employee is planning a theft.
http://www.rfidgazette.org/security/
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
61. …Where is the boundary between
thoughts that are private and thoughts
that are available in the public realm?
Is the man with the magic box stealing my
soul?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
62. …So my thoughts can be made public
and can be used against me. At least
that's out of my control.
...What if my thoughts conspire against
me?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
63. …It's not like there's ever been software
written that had a flaw...
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
64. …and bad people like to exploit flaws in
computer software, and wouldn't mind
knowing what I'm thinking about...
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
65. …and since my computer is legally an
agent and can make binding decisions -
even contracts on my behalf...
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
66. …or the government could retroactively
declare some thought or memory as
illegal and prosecute me for it...
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
67. …thanks for scaring the crap outta me…
What can be done?
How can I protect myself?
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
68. James: IANALJASD
• I am not a lawyer, just a security
dude.
Tiffany: IAALBNYL
• I am a lawyer, but not your lawyer.
NOTE: If you follow this advice,
you’re likely safer, but you
can be screwed anyways.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
69. Practical measures for keeping your
thoughts safe while they are stored.
• Keep them in your home.
• Use encryption.
• Don't give any cause to make them look hard.
Truecrypt hidden partitions are findable.
• Store data in difficult to subpoena places.
• Launch your own datastorage satellite.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
70. Practical measures for managing newly
forming cognitive agents.
• Beware licensing.
• Limit capability.
• Resist the urge to join the digerati.
• Work to maintain and improve digital civil
liberty and privacy legislation
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
71. The best advice is simple awareness that
your mind and your memory
isn't necessarily your own.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
72. In conclusion, we're asking you to do
your part to engage with the general
public, legislators and vendors. Help
them to understand that we may not
need entirely new ways of dealing with
what we're creating, but we MUST
consider the implications prior to
unleashing our new overlords.
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
73. » If you’re inspired by Carrie Underwood’s
Before He Cheats, don’t get caught doing
it on camera…
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
74. » Or if you happen to be in range of a FAST
camera, don’t act stupid and think
peaceful thoughts…
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
75. » …or go into a data base forever with the
caption “…There can be only one!”
associated with your image and legal
name
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
76. Q&A
followup:
tiffany@elcnetworks.com
myrcurial@100percentgeek.net
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009
77. Thanks and Notices
James “Myrcurial” Arlen
Tiffany Strauchs Rad
Links: Links:
http://www.tiffanyrad.com http://myrcurial.com and
http://www.tiffanyrad.blogspot.com http://www.linkedin.com/in/jamesarlen
and sometimes
http://liquidmatrix.org/blog
White paper with references on
Tiffanyrad.com Thanks: My Family, Friends, and
Black Hat organizers.
Thanks: My family, Hackerspaces crew, and
Black Hat organizers. Inspiration: my lovely wife and hackerish
children, Coffee, Strattera, Club
Mate, Information Society, NIN,
altruism.
Inspirations: Nothingface, hackerish
children, EFF, Bard Coffee (Portland, Constructed with: Apple Macbook Pro,
Maine), European techno, and my Firefox, Powerpoint, angst.
University of Southern Maine students.
http://creativecommons.org/licenses/by-nc-sa/2.5/ca/
2009-07-29 Your Mind: Legal Status, Rights and Securing Yourself -- Blackhat USA 2009