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Since the passage of UETA and ESIGN in 1999/2000, I have been fascinated as to exactly how the legal terminology of these and other “digital security” statutes equates to actual cryptographic methods. When someone writes a piece of software that “meets and/or exceeds these requirements,” and are “warranted for compliance” under these acts, how do contracting officers, lawyers, judges and everyone involved understand? It isn’t quite like a set of map directions: it’s difficult to draw a straight line from act to software function. As the digital landscape continues to grow and expand in scope, how does the legal profession keep up?
By Justin Hectus and Kristy Sambor
In a nutshell, GDPR mandates that individuals have access and control over the use and maintenance of their data in certain circumstances, while the foundation of blockchain relies on the immutability of data. On the surface, these concepts seem in direct conflict with each other. This article discusses the points where GDPR and blockchain share common ground, where conflicts may exist and possible approaches for mitigating those conflicts.
By Linus Chang
At both a personal and corporate level, there are huge gains to be made in protecting against data breaches. The fact is that well-implemented client-side encryption — where the corporate user keeps their own key rather than entrusting a third party to guard their sensitive information — is the only sure way to guarantee data privacy when storing data on other people’s servers.
By Adam Cohen
Part Two of a Two-Part Article
In Part One of this article last month, we began a discussion designed to demystify the hesitations behind cloud security and analyzed the fast-growing transformation to a range of newer technical approaches with important consequences for legal practice. This month we continue the discussion by tackling the security and legal implications of the mass transformation of enterprise IT to cloud services from leading providers such as AWS and Azure.
By Deana Uhl
Building an Intelligence-Led Program
With reports of major breaches surfacing with alarming frequency, boards and C-Level management are now looking to counsel to implement programs that help the corporation prepare for, quickly recover and reduce fallout from, inevitable cyber incidents. In-house counsel is facing growing responsibility to minimize damage to the corporate reputation, loss of key data, and legal and regulatory penalties. And many worry their organization is stuck in a game of catch-up.