Featured Report: Winning the Cybersecurity War Within
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Uber Loses Crucial California Legal Battle
June 18, 2015
Uber on Tuesday filed an appeal of a California Labor Commission ruling that is widely viewed as a threat to the company's business model. The ruling resulted from a claim filed by a San Francisco driver against Uber last year. The commission found that the plaintiff was an employee of Uber rather than an independent contractor, as the company had maintained.
Senators Aim to Ground FBI's Warrantless Spy Planes
June 17, 2015
Sen. Ron Wyden, D-Ore., and Sen. Dean Heller, R-Nev., on Wednesday introduced legislation that would require federal government agents to get a warrant before snooping from the sky. "Americans' privacy rights shouldn't stop at the treetops," Wyden said. The issue came to a head following the revelation earlier this month that the FBI was engaged in warrantless aerial surveillance across the U.S.
The Perils of Employees' Trade Secret Plundering
June 8, 2015
Sometimes before new employees leave their jobs to join your company, they copy valuable company secret information onto portable thumb drives or they send that information to their personal webmail accounts. As the new employer, you may be hiring those employees because they have valuable information -- yet you don't want to be targeted by a lawsuit, along with the employees.
AT&T May Leave Anti-Net Neutrality Ranks
June 3, 2015
AT&T has just revealed what it would take for it to change its stance on Net neutrality: regulators' approval of its purchase of DirecTV. The company has offered to accept the rules adopted by the FCC early this year, according to reports. It was just last month that the FCC denied petitions from a slew of companies -- including AT&T -- to delay its implementation of the rules.
Feds' Photobucket Strategy Could Hobble White Hats
June 2, 2015
There's a new twist in the way feds are seeking to penalize bad actors for making and distributing software used in crimes, suggest recent arrests by Justice Department and FBI officials. "There's a more concerted campaign to go after go after those folks who are distributing in the underground," said Tom Kellermann, chief cybersecurity officer at Trend Micro.
Senate Ready to Rumble Over Freedom Act Amendments
June 2, 2015
The U.S. Senate on Tuesday voted to close debate on the USA Freedom Act, a measure that would prohibit the NSA from the indiscriminate collection Americans' phone call data. The bill already has passed in the House. However, the brawling over the bill is not quite over. The Senate has yet to address several proposed amendments to the legislation before voting on it later on Tuesday.
Putting the EU's E-Commerce Puzzle Together
May 27, 2015
A substantial number of Europeans shop online, but few make purchases outside their own country. The European Commission aims to change that through a broad initiative to create a Digital Single Market for the European Union, announced earlier this month. One of the 16 steps the EC has taken toward achieving that goal is undertaking an antitrust investigation of the e-commerce sector.
Hush! Everybody's Listening!
May 27, 2015
Americans have been spied on by their own government for far longer than most realized, it turns out, and the United States National Security Agency's surveillance activities are just the tip of the iceberg. The FBI, which repeatedly has expressed dismay at Google and Apple securing their mobile OSes reportedly has become a major player in administering the NSA's warrantless surveillance program.
Americans Hate Surveillance, Love Privacy: Report
May 21, 2015
Americans are deeply troubled by surveillance, data collection and the security of their data that's held by government agencies and private companies. The combined results of two Pew surveys suggest that the vast majority consider it important to be in control of their information. Eighty-eight percent of the respondents didn't want someone to watch or listen to them without their permission.
Popcorn Time Offers Smooth-as-Butter Streaming
May 20, 2015
Popcorn Time, known as the "Netflix for Pirates," has introduced a browser-based service that lets users play streaming videos without having to download anything. The videos play on the company's servers. However, the browser-based service does not include a built-in virtual private network, a feature of the downloadable Popcorn Time app. Most of the videos stream in HD.
Apple Likely to Pony Up to Settle A123 Poaching Suit
May 14, 2015
Apple reportedly has agreed to settle the lawsuit brought by battery manufacturer A123 Systems, accusing it of poaching engineers who were under non-compete agreements. A123 develops technologies for electric car batteries. News of the rumored settlement has fueled speculation that Apple poached talent from the firm to forward its ambitions to enter the electric vehicle market.
The US Government vs. E-Commerce
May 12, 2015
"The chief business of the American people is business," President Calvin Coolidge said. Although that has become the country's rubric, lawmakers in the United States aren't inclined to give business free rein. The Justice Department last month trumpeted its first online marketing prosecution: the leveling of felony charges against David Topkins, a former executive of Art.com, for alleged price-fixing.
The Cloud's Threatening Legal Storm
May 8, 2015
With the ever-increasing use of the cloud by more and more businesses, there is good reason to be concerned about legal risks, which are an inherent part of the cloud. The term "cloud" may be relatively new, but the concept of remote computing started more than 60 years ago, when Dartmouth University first launched "time-sharing." The remote computing risks have not abated.
Federal Appeals Court Rules NSA's Phone Data-Vacuuming Illegal
May 7, 2015
A U.S. Court of Appeals has ruled, in essence, that the NSA's collection of metadata concerning Americans' communications is illegal. The court vacated U.S. District Judge William Pauley's December 2013 ruling in ACLU v. Clapper, and remanded the case to the lower court. "The Second Circuit found the government incorrect in many of its arguments," said ACLU Staff Attorney Patrick Toomey.
Twitter's Timid Anti-Trolling Tweaks
May 7, 2015
Twitter recently amended its rules in yet another attempt to crack down on the abuses perpetuated by online trolls, but the changes may do little to protect victims. Its latest move was an extension of its ban on threats of violence against others or the promotion of violence against others. The company decided to let its support team lock down abusive accounts for specific periods of time.
Supreme Court to Hear 'Non-Injury' Privacy Class Action
May 6, 2015
The U.S. Supreme Court last month granted a request from Spokeo, a data aggregator, to consider whether the legal basis litigants must meet to file a claim in federal court should be broadly or narrowly defined. In the case, Spokeo, Inc. v. Thomas Robins, Thomas Robins is a resident of Virginia acting individually and as representative of a class.
Patent Holders: Google Wants Your IP!
April 28, 2015
Google on Monday announced it will open an experimental portal to purchase patents from their holders between May 8 and May 22. The move is widely seen as an attempt to shut off patent trolls. Patent holders have to set the price at which they're willing to sell their IP, and they will be told by June 26 whether Google wants to buy. Payments will be made through ACH by late August.
House Passes Cybersecurity Bills Despite Privacy Fears
April 24, 2015
Two cybersecurity bills approved this week by the U.S. House of Representatives pose a threat to citizens' privacy, according to opponents of the measures. Both bills aim to improve sharing of cybersecurity information between businesses and government agencies. "'Information sharing' is a misnomer," said Gabriel Rottman, legislative counsel for the American Civil Liberties Union.
Comcast, Time Warner Cable Deal Undone
April 23, 2015
Comcast has decided to abandon its plan to merge with Time Warner Cable, according to multiple press reports. The company is expected to make a formal announcement on Friday. About a week after reports emerged indicating the DoJ was leaning against Comcast's $45.2 billion dollar bid to absorb TWC, reports surfaced that the FCC was leaning in the same direction.
Government Surveillance: What to Do, What to Do?
April 21, 2015
The CIA has been trying to hack into iOS for years. British and American agencies reportedly have collaborated to create a map of the Internet and Web users. The United States National Security Agency has, together with the UK's GCHQ, reportedly stolen SIM card encryption keys from Gemalto. The FBI is frothing at the mouth over Google's and Apple's encryption of their mobile OSes.
Your Lawyer Is Vulnerable to Cyberattacks
April 20, 2015
Lawyers help their clients as they negotiate confidential business transactions, hold intellectual property, manage funds and litigate disputes, among many other business activities. In the ordinary course of business, lawyers also maintain numerous confidential documents and data of and about their clients. Lawyers therefore have a big bull's-eye drawn on their backs, visible to cybercriminals.
EC Officially Tosses Google Into Hot Soup
April 15, 2015
The European Commission on Wednesday began official antitrust proceedings against Google, alleging abuses of its dominance in Internet search. The EC further opened a probe into Google's Android mobile operating system. In a Statement of Objections sent to Google, the EC notes that its preliminary investigation indicates the company has infringed European antitrust rules by stifling competition and harming consumers.
Industry Groups Lead Net Neutrality Lawsuit Parade
April 15, 2015
Several wireless and cable industry groups on Tuesday filed lawsuits challenging the FCC's new open Internet rules. The lawsuits seek to nullify the new rules on the grounds that the FCC exceeded its authority in making them -- most notably by redefining broadband service so it can be regulated like a utility. The trade groups oppose the way the FCC seeks to enforce Net neutrality.
EFF Lambasts ESA for Hindering Video Game Preservation Efforts
April 14, 2015
The EFF last week called out the ESA for opposing its video game preservation efforts. The EFF has petitioned the U.S. Copyright Office for an exemption to the DMCA's anticircumvention provisions. The point is to afford legal protection for game enthusiasts to be able to use the games they own, as well as for academics and museums to preserve them for educational or historic purposes.

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