The past year has recently gotten really busy. Jailbreaking and Sony are going places not seen before – subpoenaing records from ISPs, Twitter, etc - and we're beginning to get some recognition from court cases on the unique aspect of information technology. This presentation will look at these legal developments particularly:
Jailbreaking; Google faces class action over wi-fi downloads yet police intercept unsecured wi-fi without a warrant and that's not a search;
Sony faces class action for negligence - what is the standard required for cybersecurity - one court has already held a bank negligent, could this happen with Sony; a magistrate denies a search warrant for a computer as over-broad stating police must exclude use of the "plain view" doctrine and conduct a tailored search using a taint team – government is appealing; similarly other judges beginning to acknowledge computers contain massive amounts of data and searches need limitations;
TimeWarner eliminating ISP competition in North Carolina; damages for seized computers; 5th Amendment and password protected computers; use and admissibility of emails in litigation; juror's and Facebook; Supreme Court looks into employer email monitoring; smart phones treated as computers and searched in addition Michigan State Police doing some interesting things with traffic stops and smart phones; are IP addresses personally identifiable information;
Patent wars- Microsoft in front of Supreme Court to lower patent standard; spouses, divorces and spyware; computer search terms – hearsay or evidence when they involve schemes to murder; and, stealing your boss' email is probably not only a crime but a bad idea.
This presentation is strongly audience driven and it quickly becomes an open forum for questions and debate.
Robert Clark is currently the operational attorney for the U.S. Army Cyber Command. He is the former Cybersecurity Information Oversight & Compliance Officer with the Office of Cybersecurity and Communications, Department of Homeland Security and former legal advisor to the Navy CIO; United States Computer Emergency Readiness Team; and, the Army's Computer Emergency Response Team. In these positions he has provided advice on all aspect of computer network operations. He interacts regularly with many government agencies and is a past lecture at Black Hat; DEFCON; Stanford Center for Internet and Society and the Berkman Center for Internet & Society at Harvard University -Four TED-TECH Talks 2011; SOURCE Boston 2010; the iapp; and, the DoD's Cybercrimes Conference.