Duane Morris TechLaw

November 9, 2011July 18, 2016 by Eric J. Sinrod

Technology and the Internet By the Numbers

Back in the 1990s, there was talk of the coming “information superhighway.” Now we are traveling at warp speed on that highway. Take a look at some of these jaw-dropping stats:

Facebook

Facebook now boasts more than 800 million active users, with 350 million gaining access from mobile devices.
Roughly 70 percent of Facebook users are located outside of the United States.
Every month about 30 billion content links are shared on Facebook.
Remarkably, Facebook users install 20 million apps every day.
Almost half of 18-34 year-old users check Facebook when they wake up, with more than a quarter of users doing so before they even leave the bed.

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November 1, 2011July 18, 2016 by Eric J. Sinrod

Controlling E-Discovery Costs In Patent Cases

Electronic discovery can be time-consuming, burdensome and expensive. Indeed, at times, e-discovery can be the tail that wags the litigation dog.
As a consequence, Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit, on behalf of an E-Discovery Committee, recently introduced a Model Order for Patent E-Discovery.

The Committee’s discussion underpinning the Model Order notes that federal district courts have inherent power to control their dockets in the interests of time and economy. Accordingly, it is the Committee’s view that the Model Order may be a “helpful starting point for district courts to use in requiring the responsible, targeted use of e-discovery in patent cases.”

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October 25, 2011July 18, 2016 by Eric J. Sinrod

Sesame Street Website Hacked with Explicit Videos

Is nothing sacred? Apparently not, as CNN has reported that the YouTube channel for Sesame Street recently was hacked with pornographic content. Indeed, instead of showing material suitable for children, the channel briefly was reprogrammed with sexually explicit videos.

As a result of the porn hack, the Sesame Street channel went offline for a short time. Visitors were informed that there had been “repeated and severe violations of our community guidelines.”

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October 11, 2011July 18, 2016 by Eric J. Sinrod

Foreigners’ Email On Domestic Servers Protected, Ninth Circuit Rules

Foreigners can be protected by the Electronic Communications Privacy Act (ECPA). The parts of the ECPA that prevent ISP’s from revealing electronic communications apply to foreigners when their emails are stored on a domestic server, the Ninth Circuit has ruled.

In Suzlon Energy v. Microsoft, the plaintiff had directed a subpoena to Microsoft seeking the substance of emails between a citizen of India with respect to fraud litigation in Australia. Microsoft did not comply with the subpoena, taking the position that to do so would violate the ECPA. The federal trial court agreed and quashed the subpoena.

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October 6, 2011September 11, 2014 by Sandra A. Jeskie

The Ever Expanding Data Breach Notification Laws…

Just when you thought the state breach notification laws could not get more cumbersome, states continue to amend their breach notification laws in an effort to expand the content and reach of the notice.

Texas Amendment Requires Notification to Affected Residents in All 50 States

Texas recently amended its data breach notification law by expanding the notification requirements to cover affected non-residents. Prior to the amendment, Texas required that entities conducting business in Texas notify residents when sensitive personal information was believed to have been acquired by an unauthorized person. Continue reading “The Ever Expanding Data Breach Notification Laws…”

October 4, 2011July 18, 2016 by Eric J. Sinrod

Ever Feel Like Unplugging From All This Technology

Information technology overload can be a very real thing. Don’t get me wrong – technology is fantastic. Instantaneously were are on top of fast-breaking news developments. And we are in immediate and constant contact with our “friends.”

But sometimes doesn’t it all seem a bit too much?

Do you ever just want to turn off, take a breath and simply observe the real world around you?

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September 30, 2011July 18, 2016 by Eric J. Sinrod

Protecting Personal Information In Borders Bankruptcy Proceeding

Borders has long collected personal information from customers and promised that such information would not be disclosed without consent. In light of that and Borders’ current bankruptcy proceedings, the FTC has sent a letter to the consumer privacy ombudsman overseeing the Borders bankruptcy that seeks the protection of customer personal information.

The FTC’s letter appears prompted by its understanding that customer personal information held by Borders is scheduled to be auctioned and thereafter there will be a sale hearing.

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August 31, 2011September 11, 2014 by Joseph M. Burton

State Law News (August 2011)

As we head toward the Labor Day Weekend, it is a good time to point out a couple of noteworthy state level legislative developments in the Information Security and Privacy space.

California

On August 22nd the California State Assembly passed SB 914 which amends the California Penal Code to make clear that police must acquire a search warrant in order to search an individual’s cell phone or other portable electronic device incident to the arrest of that individual.

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August 17, 2011September 11, 2014 by Joseph M. Burton

Anonymous Educates Us About Security– Again

Another data breach carried out by the “hactivist” group known as “Anonymous” provides an opportunity for businesses to become reacquainted with several important data security concepts. First let’s briefly review the background of the incident.

This time Anonymous hacked the Bay Area Rapid Transit system, commonly known as BART. BART is the second largest public transportation system in Northern California and carries about 40,000 riders a day. Anonymous was able to access and steal personal information on about 2400 BART customers who utilize the myBART website to manage their accounts. The information taken was reported by Anonymous to include system user names and passwords, individual last names, addresses, and telephone numbers.

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August 2, 2011September 11, 2014 by Sandra A. Jeskie

Employee Theft of Trade Secrets – Protecting the Family Jewels

One of the most valuable assets of any company is its intellectual property. Although technology has led to great efficiencies, it has also created new exposures for businesses, particularly with respect to the protection of valuable trade secrets. One of the key tools in a litigator’s arsenal in the fight against theft of trade secrets is the Computer Fraud and Abuse Act (CFAA). It prohibits a person from intentionally accessing a computer without authorization or exceeding authorized access to obtain information, perpetrate a fraud, or cause damage. Unfortunately, the issues are not always straightforward. Issues have arisen about the extent to which a business can use the CFAA to protect its information because there are conflicting views among the courts on the meaning of “authorization.”

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