The document discusses a panel on corporate espionage and social media. The panel will address how employee social media use can expose companies to risks like data breaches and theft of proprietary information. It will provide examples of acceptable and unacceptable uses of social media for due diligence on competitors. The panel will also discuss strategies for companies to manage social media policies and risks, trends in cybercrime prosecution, and data protection requirements. The panelists are experts from the US State Department, journalism, and the Department of Justice's computer crime unit.

1. ESPIONAGEM E
MÍDIAS SOCIAIS:
ONDE ESTÃO SEUS DADOS AGORA ?
Moderated by:
Fernando M. Pinguelo, Esq.
Norris McLaughlin & Marcus, P.A.
Panelists:
Lara A. Ballard, Special Advisor for Privacy and Technology, United
States State Department
Edson Perin, Columnist, ELDORADO RADIO; author of IT For Business
Seth B. Kosto, Assistant U.S. Attorney, Department of Justice,
Computer Hacking and Intellectual Property Section

2. Email Questions
info@eLLblog.com

3. Tweet the Panel!
@ellblog_dot_com

4. Realidade de hoje
• Criminals are after corporate information, and increasingly, social
media sites are where they look to steal proprietary business data,
including personal data of employees and customers, proprietary
company data, and sensitive intellectual property – all found on
SOCIAL MEDIA.
• Data security breaches cost billions in fines, notification of data
subjects, governmental investigations and/or prosecution, loss of
business reputation, credibility, and loss of proprietary information,
trade secrets, and IP
• Will your company be the next headline? How do you respond?

5. Lara A. Ballard
Special Advisor, Privacy & Technology
• Office of Communications and Information Policy, Bureau of Economic, Energy and
Business Affairs, U.S. State Department
• Litigated claims in the Iran-U.S. Claims Tribunal and advised Bureau of Political-
Military Affairs on arms export control & various aspects of international criminal law.
• Defended the Department before the Equal Employment Opportunity Commission in
federal court.
• Most recently, served as the Department’s primary source of legal advice on a wide
variety of privacy and technology issues. Helped draft the Department’s guidance on
use of social media and provided legal advice to the administrators and designers of
the Sounding Board.
• Served as the Department’s primary representative to several interagency groups
dealing with issues related to privacy, surveillance, and global Internet freedom.
• Prior to her arrival at the State Department, she clerked for the late Hon. Fred I.
Parker, U.S. Court of Appeals for the Second Circuit. She is a graduate of Columbia
Law School and Georgetown University School of Foreign Service
• Served on active duty in the U.S. Army Air Defense Artillery Germany, leaving in 1995
with the rank of Captain.

6. Edson Perin
Columnist and Author
• Noted Columnist, ELDORADO RADIO
• Author of IT For Business

7. Seth B. Kosto
Assistant U.S. Attorney
Department of Justice, Computer Hacking and Intellectual Property Section
• Served as an Assistant United States Attorney in New Jersey since 2005.
Responsible for investigating and prosecuting computer crime and intellectual
property matters, including instances of hacking, computer intrusions, insider threats,
phishing and identity theft, and botnets.
• Part of prosecution team that indicted and convicted Albert Gonzalez, who received a
20-year prison sentence for conspiring with others to hack into Heartland Payment
Systems, 7-11, and other national corporations to steal credit and debit card data.
• Recipient of the prestigious Distinguished Service Award in October 2010.
• Recently secured the conviction of three men charged with using fraud techniques
and computer software to gain unauthorized access to millions of concert, sporting,
and event tickets.
• Other cyber matters include the conviction of an employee who deleted his former
employer’s computer network after being laid off; defendant who bribed customs
officials to further the importation of counterfeit luxury goods; and members of an
international bank fraud/identity theft ring that drained millions of dollars from victims’
home equity lines of credit.
• Graduate: Yale College and Boston College Law School.

8. Fernando M. Pinguelo, Esq.
• Trial Lawyer, licensed to practice law in the United States (New York,
Washington, D.C., and New Jersey)
• Partner at Norris McLaughlin & Marcus and Co-Chair of its Response to
Electronic Discovery and Information Group
• Experience in all facets of litigation (trial, mediation, and appellate) in both
federal and state courts. As a former prosecutor, tried numerous cases.
• Today, handles a broad spectrum of disputes including copyright
infringement, misappropriation of trade secrets, fraud, breach of non-
compete covenants, and business torts
• A leader in the emerging areas of electronic discovery and cyber law, works
with business owners and executives to develop strategies to manage
business and legal issues related to electronic documents and security
• Recently, the Fulbright Program, the U.S. government's international
exchange program, designated him a Fulbright Specialist for work in
eDiscovery; and he is guest lecturer at Mackenzie University and Fundação
Getulio Vargas

9. ESPIONAGEM E MÍDIAS SOCIAIS:
ONDE ESTÃO SEUS DADOS AGORA
?
PROGRAM OVERVIEW
• Discuss vulnerabilities and legal implications that employee social
media use creates for companies, making them more susceptible to
corporate espionage.
• General overview of social media, acceptable and necessary uses,
and the risks it creates.
• Addresses problems created by an employee’s natural inclination to
“bare all” on social media, and the negative consequences that
could have for the person’s employer.
• Use of social media to track a competitor: From acceptable DUE
DILIGENCE to CYBERCRIME
– Examples of acceptable DUE DILIGENCE
– Examples of unacceptable CYBERCRIME

10. ESPIONAGEM E MÍDIAS SOCIAIS:
ONDE ESTÃO SEUS DADOS AGORA
?
PROGRAM OVERVIEW (contínuo)
• Methods & Strategies businesses can develop to police employee
social media usage without sacrificing benefits and alienating
employees.
– Social Media Written Policies
– Monitoring and enforcement
• U.S. Federal Investigations/Prosecutions:
– Latest trends in cyber crimes (similarities & differences with past crimes)
– Trends in criminal enterprises’ use of social media information
– Government/business initiatives and programs to foster collaboration
and defenses against threats
• Trends toward greater data protection and encryption requirements
as global commerce follows advances in communications and social
media technology
• The role the media plays in breach notification

11. Corporate Espionage
Definition:
Clandestine techniques used to
steal valuable information from
businesses.

12. Perguntas?

13. OBRIGADO
• To receive a copy of
Social Media: A Corporate Spy’s Best
“Friend”: How employee social media
use may expose your company to cyber-
vulnerability, email:
info@NYLocalLaw.com

14. Informações de Contato
• Fernando M. Pinguelo, Esq.
– Norris McLaughlin & Marcus, P.A., 875 Third Avenue,
8th Floor, New York, NY 10022, Phone: 908-252-
4128, fmp@nmmlaw.com
• Lara A. Ballard, Special Advisor for Privacy and
Technology, United States State Department
• Edson Perin, Columnist, ELDORADO RADIO; author of
IT For Business
• Seth B. Kosto, Assistant U.S. Attorney, Department of
Justice, Computer Hacking and Intellectual Property
Section