Fourth Circuit Revives Wikimedia NSA Case

Posted Leave a commentPosted in Cyber Surveillance

Yesterday the Fourth Circuit reinstated a case brought by the Wikimedia Foundation concerning the National Security Agency’s bulk “Upstream” surveillance program.  Under the Upstream program, the NSA collects traffic on the U.S. Internet backbone.  The Government claims that this collection is targeted to specific queries relating to terror investigations and other intelligence matters.  As a result, […]

Facebook and Terrorism: Cohen v. Facebook and Force v. Facebook

Posted Leave a commentPosted in National Security

It’s well-known that Facebook, Twitter, YouTube, and other social media platforms are used for propaganda and recruiting purposes by terrorist groups such as ISIL.  A number of Jewish groups filed lawsuits alleging that Facebook should be held civilly liable for facilitating terrorist attacks against Jews.  Two of these cases recently were dismissed by Judge Nicholas […]

WannaCry Ransomware and Legal Fault

Posted Leave a commentPosted in Cyber Insurance, Cyber Risks

The WannaCry Ransomware attack has spread throughout the world over the past week.  Fingers are pointing at Microsoft for the vulnerability in earlier versions of Windows, at the NSA for creating the leaked exploit, and at North Korea for allegedly perpetrating the attack.  There is blame to go around, but if we were to assess […]

Trump Cybersecurity Executive Order

Posted Leave a commentPosted in National Security

President Trump signed today a long-awaited Executive Order on Cybersecurity.  I think it is mostly a non-event.  There are some helpful provisions, including a requirement that government agencies implement the NIST Framework.  Otherwise, it requires  a series of executive reports on cybersecurity preparedness, generally within 90 days of the Order.  As others have noted, those […]

DTSA Statistics

Posted 2 CommentsPosted in DTSA

Introduction Trade secrets are important to cybersecurity because many data breaches involve trade secret theft.  The Defend Trade Secrets Act of 2016 (DTSA) amended the Espionage Act of 1996 to provide a federal private right of action for trade secret misappropriation.   Some commentators opposed the DTSA in part because it seems redundant in light of state trade […]