I’m also speaking later with Brett Harris on cyber security and legal ethics. Here are our slides.
Here is a copy of the Order from U.S. Magistrate Judge Sheri Pym in California requiring Apple to render “reasonable technical assistance” to the FBI in obtaining access to an iPhone used by one the San Bernardino terror shooters.
I have previously argued that, under appropriate circumstances and pursuant to a search warrant, the government should be able to obtain passwords and decryption keys from suspects necessary to obtain the plaintext versions of files on seized devices. The Apple case, however, is different because the court is ordering a non-suspect third party technology company to actively assist with an investigation. While I might support carefully tailored legislation regarding law enforcement access to encryption keys, a court order such as this one without specific statutory authorization seems troubling.
Here is Part 2 of my Internet Law and Governance video series.
Here is Part 1 in my video series on Internet Law and Governance.
Here are my slides from the University of South Carolina Law School symposium on civil liability in data breach cases.
Here are some key sources discussing the recent cyber attack on Ukraine’s power grid:
I presented this morning at PLI’s annual “Think Like a Lawyer, Talk Like a Geek” seminar. Here is my presentation, which focuses on cyber risk insurance issues.