Friday, January 29, 2021

Evidence of actual harm, not risk of harm. It’s the time between breach and harm that concerns me.

https://www.databreaches.net/data-breach-defense/

Data Breach Defense

David Oberly of Blank Rome writes:

Today, data breaches continue to proliferate at a rapid pace, often spurring consumer class action litigation in their wake. Oftentimes, a successful data breach suit can empty a corporate defendant’s coffers. For example, Equifax was recently forced to shell out $575 million to settle a major data breach class action suit stemming from its 2017 mega-breach that impacted over 100 million individuals. Consequently, companies that handle consumer personal data must be prepared to forcefully defend such high-stakes, bet-the-company litigation.
Fortunately, Article III standing serves as a viable defense to obtain dispositive dismissals from a wide range of data breach class actions in federal court. While a current circuit split exists over the threshold for establishing standing in such cases, the standard articulated by the Sixth Circuit Court of Appeals provides a significant opportunity for defendants to completely dispose of litigation at the pleading stage based on an absence of constitutional standing.

Originally published in the January/February 2021 edition of Cincinnati Bar Association Report, which you can download here.





Reluctant and defensive? A muddled response.

https://www.pogowasright.org/police-chief-demands-holes-in-encryption-because-some-cops-decided-to-participate-in-the-dc-insurrection/

Police Chief Demands Holes In Encryption Because Some Cops Decided To Participate In The DC Insurrection

Tim Cushing writes:

As more evidence comes to light showing a disturbing amount of law enforcement participation in the January 6th attack on the Capitol, police departments around the nation are finally being forced to face something they’ve ignored for far too long.
The law enforcement officers who participated in the insurrection attacked officers attempting to defend the building, or, at the very least, did nothing to discourage the lawless actions occurring all around them. The officers that went to DC and engaged in a riot aren’t an anomaly.
[…]
Now that agencies are finally confronting their in-house white supremacist/militia problem, they’re asking for everyone to be made less secure so they can handle the problem that’s been hiding in plain sight for years.

Read more on TechDirt.





If there was something illegal on the phone, why keep the phone and let the owner go free?

https://www.pogowasright.org/immigration-lawyer-sues-over-seizure-of-his-cellphone-at-airport/

Immigration lawyer sues over seizure of his cellphone at airport

Debra Cassens Weiss reports:

Texas immigration lawyer Adam A. Malik has sued the U.S. Department of Homeland Security for seizing and retaining his iPhone when he returned to the United States from a trip to Costa Rica.
Malik’s Jan. 25 lawsuit says the government seized his phone and searched the contents absent reasonable suspicion that it contained contraband or evidence of illegality. U.S. Customs and Border Protection did not obtain a warrant.

Read more on ABA Journal.





Not perfect, but people flagged by the dogs will take the Covid test rather than admit the dog actually detected one or more controlled substances.

https://www.bespacific.com/miami-heat-to-screen-fans-with-coronavirus-sniffing-dogs/

Miami Heat to screen fans with coronavirus-sniffing dogs

Axios: “The Heat will use coronavirus-sniffing dogs to screen fans ahead of tonight’s game at AmericanAirlines Arena, when ~1,500 season ticket holders will be permitted inside for the first time this season. Why it matters: The Heat are the first NBA team to try this approach, which has been used at airports in Chile, Finland and the United Arab Emirates. By the numbers: A German study last year found that trained dogs were able to sniff out COVID-19 with 94% accuracy…”





Podcast.

https://www.insideprivacy.com/eu-data-protection/inside-privacy-audiocast-episode-10-data-privacy-day-2021-trends-to-watch/

Inside Privacy Audiocast: Episode 10 – Data Privacy Day 2021: Trends to Watch





Interesting idea. So far, no teeth?

https://www.theverge.com/2021/1/28/22252935/global-privacy-control-personal-data-tracking-ccpa-cpra-gdpr-duckduckgo?scrolla=5eb6d68b7fedc32c19ef33b4

GLOBAL PRIVACY CONTROL WANTS TO SUCCEED WHERE DO NOT TRACK FAILED

On today’s internet, information is nearly impossible to control. It’s become commonplace for a single website visit to spill over into targeted ads (often for something you’ve already bought) or unexpectedly canny spam emails. It’s assumed that information from your browsing history will be available to target your Instagram ads, and despite nominal commitments to privacy, tech companies have mostly given up trying to stop those data flows.

Privacy groups are hoping that a new standard, called Global Privacy Control, will change that. It’s designed as a global opt out, a general signal that users want as little data collection and sharing as possible. In particular, the GPC standard will let users signal that they don’t want services to share their data with third-party data brokers, something that is outside the reach of most modern privacy tools. The team hopes that this new signal will give users a way to protect their data after it’s been collected and ensure personal information doesn’t travel too far.

The GPC standard sprang from a powerful but little-noticed provision in the California Consumer Privacy Act (CCPA), which was strengthened further with the passage of the California Privacy Rights Act in November. A provision in the law gives Californians the right to opt out of having their personal information sold by the sites they visit. Crucially, the law interprets “sell” as including any exchange of value, which could include being read broadly enough to go beyond outright data broker sales and into the endemic tracking pixels that power much of the advertising you see online.





Do they pay more attention to adsthan I do?

https://www.wired.com/story/facebook-ad-targeting-us-military/

Facebook Ad Services Let Anyone Target US Military Personnel

THE SPREAD OF misinformation on social media platforms has fueled division, stoked violence, and reshaped geopolitics in recent years. Targeted ads have become a major battleground, with bad actors strategically distributing misleading information or ensnaring unassuming users in scams. Facebook has worked to eliminate or redefine certain targeting categories as part of a broader effort to address these threats. But despite warnings from researchers, its ad system still lets anyone target a massive array of populations and groups—including campaigns directed at United States military personnel. Currently categories for major branches include “Army,” “Air Force,” and “National Guard,” along with much narrower categories like “United States Air Force Security Forces.”

At first blush it may seem innocuous that you can target ads at these groups as easily as you can most other organizations. But independent security researcher Andrea Downing says the stakes are much higher should active duty members of the US military—many of whom would likely get caught up in broader Facebook targeting of this sort—face misinformation online that could impact their understanding of world events or expose them to scams.





Summary: The Earth forms, stuff happens.

https://venturebeat.com/2021/01/28/researchers-propose-ai-system-that-summarizes-historical-texts/

Researchers propose AI system that summarizes historical texts

Summarizing historical text can help people gather, organize, and share knowledge, but cultural and linguistic changes and the sheer volume of archives can make interpreting historical text challenging even for experts. Researchers at the University of Sheffield, Beihang University, and the Open University in the U.K. recently attempted to tackle this problem using AI and machine learning techniques. They say their approach, which can summarize historical documents written in German and Chinese, provides a strong baseline for future studies.





From the Capital invasion… Need a way to handle reports of ‘crimes’ the viewer misinterprets.

https://www.bespacific.com/digital-age-samaritans/

Digital Age Samaritans

Kaufman, Zachary D., Digital Age Samaritans (December 1, 2020). Boston College Law Review, Vol. 62, No. 4, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3741017

Modern technology enables people to view, document, and share evidence of crimes contemporaneously or soon after commission. Electronic transmission of this material — including through social media and mobile devices — raises legal, moral, and practical questions about spectators’ responsibilities. In the digital age, will these actors be bystanders or upstanders? What role can and should the law play in shaping their behavior? This Article argues that certain witnesses who are not physically present at the scene of a crime should be held criminally accountable for failing to report specified violent offenses. Focusing on rape, police brutality, and other misconduct, this Article demonstrates that recent technological innovations create new opportunities and challenges to pursue justice and accountability. Such culpability centers on “Bad Samaritan laws”: statutes that impose a legal duty to assist others in peril through intervening directly (also known as “the duty to rescue”) or notifying authorities (also known as “the duty to report”). However, many of these antiquated laws arguably apply only to witnesses who are physically present, which limits their potential effectiveness today. Not all virtual witnesses should be subject to liability. To consider which categories of actors may warrant criminal punishment, this Article introduces a novel typology of bystanders and upstanders in the digital age. This typology draws on an original case study of the first known sexual crime livestreamed in the United States by a third party, which more than 700 people viewed. Harnessing insights from that case study and other episodes, the Article recommends that legislators should modernize, refine, and proliferate Bad Samaritan laws and that law enforcement should enforce these statutes or leverage them to obtain witness testimony. To that end, the Article proposes a model duty-to-report statute that includes features such as applicability to virtual presence and reasoned exemptions for noncompliance.”





Get a job!

https://www.makeuseof.com/linkedin-mistakes-harm-job-search/

7 LinkedIn Mistakes That May Harm Your Job Search



No comments: