Monday, November 20, 2017

Why wait two weeks? The phones are likely not important to the investigation?
Authorities serve Apple a warrant for Texas shooter’s iPhone
Two weeks ago today, 26 people were killed by a gunman at First Baptist Church in Sutherland Springs, Texas. Two phones were discovered at the scene: older push-button LG and what local news described as a “blood spattered” Apple iPhone SE. Now local law enforcement has served Apple with a search warrant in order to retrieve information from the smartphone.
… The Tuesday following the murders, the FBI held a press conference noting the existence of one of two phones, without revealing the make, as it didn’t want to “tell every bad guy out there what phone to buy.”
As reported by The Washington Post, the mystery handset was indeed an iPhone. Apple reached out to law enforcement after the press conference, offering technical assistance in getting onto the device. The company, it seems, could have provided help early on, without much legal wrangling or more software controversial backdoors.




I think this is a really bad idea unless you are highly trained and have some good lawyers on staff. On the other hand, it would open things up for my Ethical Hackers…
For years now, there has been a discussion surrounding the feasibility of active cyber defense, and allowing private entities or individuals to “hack back” against hostile cyber activity, but there has not been a major push in Congress to explicitly authorize such activity, or to propose changes or exceptions under the current legal and statutory framework that would enable it. But a proposal by Representatives Tom Graves (R-GA), Kyrsten Sinema (D-AZ), titled the Active Cyber Defense Certainty Act (ACDC) (H.R. 4036), is starting to change the conversation. The new draft legislation provides an exception to liability under the Computer Fraud and Abuse Act (CFAA) and, in essence, would authorize individuals or organizations to go into networks outside of their own to gather intelligence on hackers for attributional purposes. To date, the proposal has undergone at least three rounds of public scrutiny, after which, to the great credit of Graves’ office, the draft language has been updated, and it now takes into account some legitimate concerns and criticisms. Some of these critiques should be examined carefully, from both a policy and legal perspective, as the bill makes its way through committee.




It’s about time! (Welcome to the 1980s?)
Rising to the risk: Cybersecurity top concern of corporate counsel
“Risk management is not just a compliance exercise but an opportunity to gain a competitive advantage. More than ever, legal departments are playing a significant role in managing risk and monitoring its effectiveness, especially in the critical area of cybersecurity. Grant Thornton and Corporate Counsel magazine recently surveyed over 190 corporate general counsel to assess their views on the keys to business growth. The topics ranged from regulatory risk management and risk assessments to cybersecurity and data analytics. Below are a sampling of insights from Grant Thornton’s 2017 Corporate General Counsel Survey:
  • 58% of legal departments are highly involved in responding to data security risks; nearly a quarter have primary responsibility for the issue
  • Less than a quarter of counsel are very satisfied with their organizaton’s risk assessment
  • Nearly three-quarters of legal departments cite cyber issues as a top risk.
  • Of those very concerned about data security, only about a third feel adequately prepared
As a result of increasing risk concerns, the role of the corporate general counsel continues to evolve to include new, important areas of focus and responsibilities. While maintaining a firm handle on the traditional functions of the legal department, the survey reveals that their role is increasingly concerned with regulation and compliance, as well as data privacy and related cybersecurity issues.”




Apparently, Congress needs a lot more “education” than we thought?
Tech beefs up lobbying amid Russia scrutiny
... Executives from Facebook, Google and Twitter testified before lawmakers this month about Russian actors using their platforms to influence the vote and tried to reassure them they were taking steps to address the issue.
But lawmakers left the hearings frustrated and say they want more details from the companies and concrete steps to prevent interference in the future. Congress is also considering legislation to toughen disclosure rules for online advertisements.
That threat of tougher regulation has tech firms scrambling.




A business model for those who are first to automate what they do well? (As long as we have to do it, can we sell it?)
The newspaper created a platform to tackle its own challenges. Then, with Amazon-like spirit, it realized there was a business in helping other publishers do the same.
… Since 2014, a new Post operation now called Arc Publishing has offered the publishing system the company originally used for WashingtonPost.com as a service. That allows other news organizations to use the Post’s tools for writers and editors. Arc also shoulders the responsibility of ensuring that readers get a snappy, reliable experience when they visit a site on a PC or mobile device. It’s like a high-end version of Squarespace or WordPress.com, tailored to solve the content problems of a particular industry.




How can I stay anti-social?
New on LLRX – The Use and Abuse of Social Media in the Post-Truth Era
Via LLRXThe Use and Abuse of Social Media in the Post-Truth Era – Law librarian and adjunct professor Paul Gatz provides important guidance on social media discourse and information literacy that is especially timely and instructive as we are experiencing an escalating wave of highly questionable news and data through sites such as Facebook.


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