What Is Personal Information? In Legal Terms, It Depends

In early March, cybersecurity professionals around the world filled the San Francisco Moscone Convention Center’s sprawling exhibition halls to discuss and learn about everything infosec, from public key encryption to incident response, and from machine learning to domestic abuse.

[…]

Companies should not overthink [data privacy and personal information]. Instead, data privacy lawyers said businesses should pay attention to what information they collect and where they operate to best understand personal data protection and compliance.

As Duane Morris LLP intellectual property and cyber law partner Michelle Donovan said:

“What it comes down to, is, it doesn’t matter what the rules are in China if you’re not doing business in China. Companies need to figure out what jurisdictions apply, what information are they collecting, where do their data subjects reside, and based on that, figure out what law applies.”

To read the full text of this article, please visit the MalwareBytes website.

Too Much Screen Time Adversely Impacting Teenagers?

We keep hearing about how teenagers have gone inward. They spend more and more time staring into their televisions, computers and handheld devices. Indeed, they can be online practically anywhere, anytime. We have been told that the failure of teens to engage as much in the real world around them is having negative affects, with increasing rates of depression and anxiety, as well as heightened risks of self harm and harm inflicted on others.

But are the reported risks and impacts of increased screen time by teenagers actually based in fact? Not so much, according to a recent study by Oxford University in the journal Psychological Science and as reported by The Guardian. The bottom line conclusion of the study is that screen time has very little correlation to the psychological well-being of teenagers. Surprised? Read on. Continue reading Too Much Screen Time Adversely Impacting Teenagers?

Emerging Product Liability Concerns for Medical 3D Printing

Duane Morris partner Sean Burke authored the Medical Device and Diagnostic Industry article, “Emerging Product Liability Concerns for Medical 3D Printing.”

Mr. Burke writes:

Additive manufacturing, commonly known as 3-dimensional (3D) printing, has been billed as the new industrial revolution. It is a lofty prediction; but we are seeing this prognostication materialize. Everyday consumer products ranging from children’s toys to running shoes are being 3D printed, sometimes right in consumer stores or at home. More and more manufacturers have begun or are exploring additive manufacturing options for their products. 3D-printed products even won an Oscar, when Ruth Carter won Best Costume Design for her work in the movie Black Panther, where portions of Carter’s costumes were 3D printed. From everyday consumer products, to its appearance on the red carpet, 3D printing has arrived.

Recognizing the potential advantages, endless possibilities, and unique manufacturing capabilities offered by 3D printing, more and more medical device manufacturers are entering this new field of technology. However, industry standards and regulations lag behind the pace of innovation. The unique aspects and potential availability of additive manufacturing raise novel products liability issues that may impact traditional product liability litigation doctrines. This article examines the current status of additive manufacturing as well as potential issues and uncertainties it raises for the future of product-liability litigation.

To read the full article, visit the Medical Device and Diagnostic Industry website.

Involuntary Technological Encroachment

Once upon a time, the advent of the radio was considered a major advancement, and families in the evenings would huddle together and listen to favorite radio shows. Not that much later, television became the big thing. And with TV, it was easy to sit passively by as a couch potato watching one show after another.

Indeed, there is the following joke: A man says to his wife, “Honey, if I ever became a vegetable, please pull the plug.” So, the wife walks past her husband on the couch over to the television set and pulls its plug from the wall electrical socket.

Continue reading Involuntary Technological Encroachment

New Law Could Allow for Phone Searches After Car Crashes

For many decades, Americans have taken to the roads to get from one place to another. And, in more recent times, Americans have become addicted to their smartphones — texting, posting, online searching, making purchases, among many other uses of their devices.

Put the two together, driving and smartphone use, and there is a clear recipe for potential disaster. Driving an automobile already is an inherently dangerous activity. Utmost attention should be paid to driving because split-second decisions can mean the difference between life and health versus injury or death. Continue reading New Law Could Allow for Phone Searches After Car Crashes

Will California Consumers Share in Wealth From Their Online Data?

Technology companies collect all sorts of data on their users. The terms of service located on their web sites spell out for users the types of data collected and how that data will be used. The data collected from users is extremely useful for tech companies in terms of how to market to them further, and accordingly, that data has tremendous economic value.

Along comes the Governor of California, Gavin Newsom, who according to APNews.com, has announced that California consumers should share in the billions of dollars that tech companies make on personal data they collect. Indeed, Governor Newsom reportedly has asked his aides to come up with a proposal for what has been referred to as a “data dividend” for California residents. However, it is not clear whether he envisions a tax on tech companies, refunds to users, or some other idea.

Continue reading Will California Consumers Share in Wealth From Their Online Data?

Internet Companies Must Take Down Anti-Government Content in Vietnam

Question: How free is the internet? Answer: Less than free in certain countries. Further answer: And becoming even less free in other countries — witness Vietnam, discussed briefly below.

At the start of this month, a law went into effect in Vietnam that mandates removal of online content considered offensive to the Vietnamese government. According to SoyaCincau.com, the law was put on the books “under the pretenses” of Cybersecurity, but what it actually does is require the takedown of content deemed “toxic” by the government.

Continue reading Internet Companies Must Take Down Anti-Government Content in Vietnam

Online Gambling Potentially Impacted by New Justice Department Opinion

The Wire Act was enacted in 1961. That statute makes it a criminal offense to transmit information that seeks to promote interstate or foreign wagering.

Fast-forward to September, 2011: the Obama-era Justice Department rendered an opinion that only sports betting came with the ambit of the Wire Act. Prior to that, the Justice Department applied the statute to non-sports gambling.

Continue reading Online Gambling Potentially Impacted by New Justice Department Opinion

Amazon Sales Through The Roof This Holiday Season

Once upon a time less than 20 years ago, there was concern that people would not trust providing their credit card information to make online purchases. Indeed, there was a question as to whether people would take the plunge and order holiday presents online. My, how times have changed!  Continue reading Amazon Sales Through The Roof This Holiday Season

Emailgate — Here We Go Again!

Long before votes were cast for the 2016 Presidential election, this blogger discussed how Hillary Clinton’s government-related emails that were sent and received on private servers could become a thorn in her political side.

Why?

Because government records must be maintained as government records so, among other reasons, they can be open and available to public review. Indeed, laws like the Freedom of Information Act maintain that to have a vital and truly functioning democracy, those who govern must be accountable to the governed; the workings of government must be transparent pursuant to “sunshine” laws. Sunshine is the best disinfectant when it comes to government affairs. Continue reading Emailgate — Here We Go Again!