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Reading about the law and information technology these days, you come across a remarkable number of stories describing and discussing IT and privacy. What is fascinating about many of the articles is what information or actions are considered to be “private.” Many judicial opinions, for example, concern law enforcement obtaining cell site location information (CSLI) from cell providers and other sources in order to track the movements of a subject of investigation (CSLI is discussed in greater detail and these opinions infra) and the privacy interests that prevent law enforcement from simply getting the data from providers or creating the data through its own tracking or interception of cell tower information. Other opinions and legal discussions concern what privacy interest a creator or recipient of a digital file (e.g., an email, a Word document) has in that file if it is stored by a third party, as is increasingly the case with cloud storage, particularly as it has come to be relied upon in the age of the pandemic. Still other legal discussions concern the privacy rights of persons whose movements (not spoken words) are captured by surveillance cameras: the single camera outside a building and controlled by the building’s resident or director; cameras in many, or every, room in the building; cameras installed and controlled by law enforcement that survey public streets and other public areas. There are many other contexts in which privacy interests in information accessed by, transmitted by or stored in IT are discussed.
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By Jeff Pade and Lindsey Dieselman
Two recent Chinese laws — the Data Security Law (DSL) and the Personal Information Protection Law (PIPL) — include provisions aimed at restricting the cross-border transfer of China-based data foreign enforcement and judicial authorities. U.S. courts have not yet addressed whether these data protection and privacy laws could bar the production of documents in civil contexts involving governmental litigants or in criminal proceedings.
Mitigating Risks at Professional Service Firms Using Artificial Intelligence
By Brian P. Piatek
Truly malicious internal threats can often be treated much like external threats using the tools and backups already in place. But how does a firm proactively identify the softer threats — which may be just as dangerous as the malicious threats and can cripple a firm just as effectively?
The Anatomy of a Supply Chain Cyberattack
By Brian Schmitt and Abeer Abu Judeh
Mitigating Its Risks and the Call for Standardization of Software Development Security Protocols
This article details the anatomy of a supply chain cyberattack, explores the existing state of supply chain protective contractual terms, and proposes actionable steps with a collective approach to guide legal professionals through their precarious endeavors.
We Must Never Let our Cyber Guard Down
By Emil Sayegh
When cyber defenses work, there is a human tendency to become complacent. If you fall into this perception trap, you will quickly find yourself in survival mode — scrambling to restore and recover, and in a position where the best explanation was that the attack was somehow “unexpected.” The global cyberthreat is also still very real.
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