Unsolicited Advice For Solicitors

“These are the new leads. These are the Glengarry leads. And to you they’re gold, and you don’t get them. Why? Because to give them to you is just throwing them away. They’re for closers.” –Glengarry Glen Ross This past week I got around 70 cold calls or emails from vendors I’ve never worked with […]

Diplomatic Immunity

The White House this week released a plan to stop state sponsored hacking, like the one uncovered by Mandiant this week, through the use of diplomatic pressure.  The 72 page report details the measures that the White House is willing to use as leverage.  The strategy stops short of threatening economic or other types of […]

Should There Be a Cyberwar Treaty, Part 2

In my previous article on whether there should be a cyberwar treaty, I argued that Cyberwar wasn’t like other types of conflict, and that it wasn’t likely that a treaty would ever happen.Being a lawyer, I like to play devil’s advocate, so here’s a different perspective. Jeffrey Carr, in his new edition of “Inside Cyber […]

Computer Fraud and Abuse Act (CCFA)

If I was an attorney (I am) and if I worked for an ISP (I kinda do), and I was feeling a little punchy…what if I decided to write into my terms of service for my organization that any user going to Google was a violation of their terms of service and their Internet access […]

Hacking is free speech!

Hacking Is Free Speech! (or is it?) I should start by noting that not all speech is protected under the 1st Amendment. For example, I can’t say to someone that I am a detective with Miami Metro Homicide, because I’m not. That’s called impersonating a police officer and carries a prison sentence. There are particular […]

Should There Be a CyberWar Treaty?, Part 1

The Department of Defense released their Strategy For Operating In Cyberspace in July. In the document, they add Cyber to the traditional 4 domains…Land, Sea, Air, and Space. This paper raises the question, at least in my mind: Should there be a Cyberwarfare treaty? I think the short answer is a definite “Maybe.” I think […]

Hacker Hackett sentenced to 10 years

Good article at SecurityWeek on the case of a professional identity thief sentenced to 10 years in prison: http://www.securityweek.com/hacker-caught-675k-stolen-credit-cards-gets-maximum-prison-sentence The best part is his name: Hackett. Phonetically, that would be pronounced “Hack – It”. 10 years and a $100,000 fine for having 675,000 stolen credit card numbers which investigators believe led to more than $36 […]

Barack Obama’s Audacity of Hack, Chapter One

In May, the White House released a comprehensive proposal for a number of CyberSecurity measures. Unlike most of the other legislation proposed that focuses on Data Breaches or Do-Not Track. The White House proposal has 6 different sections that include changes to Homeland Security CyberSecurity as well as coordination of CyberSecurity between agencies. Data Breach […]

War Powers Resolution and Cyberwar

If you’ve been following the war in Libya and the Obama’s report to Congress in June, you’ll know that the administration is claiming that our military actions in Libya are not covered under the War Powers Resolution which would require them to be terminated after 60 days. To get around this window, there must be […]

Senator Leahy Introduces the Personal Data Privacy and Security Act of 2011

According to Senator Leahy’s website, the Personal Data Privacy and Security Act would: •Increasing criminal penalties for identity theft involving electronic personal data and making it a crime to intentionally or willfully conceal a security breach involving personal data; •Giving individuals access to, and the opportunity to correct, any personal information held by commercial data […]

Market Forces in Identity Theft

There can be real economic damages to an individual who is the victim of identity theft. The FTC has ruled that it is the individual’s responsibility to check their credit card statements for unauthorized statements.If a victim of credit card theft, for example, notifies the credit card company within 60 days of receipt of the […]

IANAL, But.

The word most written on the Internet after the acronym, IANAL is “But.” The acronym, if you’re not familiar, stands for “I am not a lawyer.” The author of the article, post, or blog will then go on to elaborate on a legal concept or issue. The greatness of the Internet is that it allows […]