Wednesday, November 27, 2013
So will “security breach insurance” get more expensive or is it normal for insurance companies to challenge any “first of its type” claim? (Because the language looks clear to non-lawyer me.)
Understanding what your insurance will cover when it comes to a data breach and what it won’t can save you a lot of grief down the road. Roberta D. Anderson of K&L Gates analyzes a recent case where the court concluded that a breached entity was covered under the terms of their policy’s language, but as we’ve seen elsewhere, that’s not always the case:
The U.S. District Court for the Central District of California recently upheld coverage under a commercial general liability policy for a hospital data breach that compromised the confidential medical records of nearly 20,000 patients.
In that case, Hartford Casualty Insurance Company v. Corcino & Associates et al., the plaintiffs in two underlying class actions sought, among other relief, statutory damages of $1,000 per person under the California Confidentiality of Medical Information Act (“CMIA”) and statutory damages of up to $10,000 per person under the California Lanterman Petris Short (“LPS”) Act.
The hospital sought coverage under a CGL policy, which stated that the insurer, Hartford, would pay “those sums that the insured becomes legally obligated to pay as damages because of … ‘personal and advertising injury’” and defined “personal and advertising injury” to include “[o]ral, written or electronic publication of material that violates a person’s right of privacy.”
Hartford initiated litigation seeking a declaration that the statutory relief sought by the claimants was barred under an exclusion for “Personal And Advertising Injury … [a]rising out of the violation of a person’s right to privacy created by any state or federal act.” The hospital moved to dismiss Hartford’s complaint, arguing that the exclusion did not apply “because the plaintiffs in the underlying cases seek statutory remedies for breaches of privacy rights that were not themselves ‘created by any state or federal act,’ but which exist under common law and the California state Constitution.”
Applying established rules of insurance policy construction, the court concluded that the hospital’s interpretation of the policy was reasonable and, therefore, “any relief awarded under the LPS and CMIA would be covered, rather than excluded, under Hartford’s Policy.”
Read more on K&L Gates or download the full article here (pdf). The article previously appeared on Law360.com.
It must be because I'm not a lawyer, but this seems crazy to me.
Young men, get a 'yes' text before sex
… Never have sex with a girl unless she's sent you a text that proves the sexual relationship is consensual beforehand. And it's a good idea to even follow up any sexual encounter with a tasteful text message saying how you both enjoyed being with one another -- even if you never plan on hooking up again.
Crazy, I know, but I've actually been encouraging my son and his friends to use sexting -- minus the lewd photos -- to protect themselves from being wrongly accused of rape. Because just as damning text messages and Facebook posts helped convict the high-schoolers in Steubenville of rape, technology can also be used to prove innocence.
“We have a system that works.” “It's “Good Enough” for most users.” In many places, there is effectively no competition. (What happens when cities offer free wifi?)
US download speeds sluggish compared with other countries
Considering the Internet was invented in the US, it's a bit strange that the country doesn't do better in speed rankings. Alas, it comes in at a sad 31st in global download speed tests.
According to data from Ookla, which runs Speedtest.net, the US places below dozens of countries, including Latvia, Moldova, Andorra, Estonia, and Uruguay. Asian and European countries appear to be leading the pack with Hong Kong, Singapore, Romania, South Korea, and Sweden snapping up the top five spots, respectively.
Handy stuff for students...
Free Digital Photos and a Guide to Citing Them
FreeDigitalPhotos.net is a new-to-me place to find digital images to re-use for free. FreeDigitalPhotos.net allows you download and re-use low-resolution images without restriction. To download and re-use high-resolution images you need to publish a credit to the creator of the image. That's not a hard requirement to meet. To help you meet the requirement of crediting the photographer, FreeDigitalPhots.net offers a simple chart that outlines how to credit the creator of an image. The left side of the chart lists the ways the images can be used and how to credit the photographer for each use case.
Applications for Education
It is easy to simply right-click on images on the web and save them your computer. Just because it can be done, doesn't mean it should be done or that it is even safe (are you sure that you're only downloading an image and not something else along with it?) and legal to do so. Unfortunately, I frequently meet teachers who allow their students to engage in this practice. Fortunately, there is an easy way to stop that practice. The solution is to use images found on sites like FreeDigitalPhotos.net.
For more free images that your students can use, see this list of sources of Public Domain images.
Tablets to carve out nearly half of PC market next year
From several perspectives...
A snapshot of one minute on the internet, today and in 2012
Geeky stocking stuffer?
Smartphone-controlled paper airplane kit conquers the skies
I suck at paper airplanes. Though I love origami in general, I have never managed to build a truly flight-worthy paper plane. With the PowerUp 3.0 smartphone-controlled paper airplane kit, though, I could get my revenge on aerodynamics.
No longer will paper airplanes have to rely on clever folding techniques and outdated technology like paper-clip weights to make them fly. PowerUp 3.0 includes a device called a Smart Module that clips onto your paper airplane creation. This contains a small propeller and rudder to power your plane through its flight.
A holiday caution.
Cyberscammers take aim at Black Friday, Cyber Monday
'Tis the season for cyberscams — and it's stacking up to be one of unprecedented plunder for cybergrinches.
Crooks go where the money is, and cybercriminals are concentrating their cleverness this year on mobile devices and social media.
With Black Friday and Cyber Monday just around the corner, cybercriminals have begun to flood e-mail, social media postings and search results with tainted web links, offers for worthless products and pitches for all variety of scams.
… The crooks count on one in 10 recipients of holiday-themed phishing lures to click on a poisoned link, or fill out a bogus form.