PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

The Hulk Hogan Gawker Sex Video Case, Free Speech, and the Verdict’s Impact

Wikicommons - Public Domain Photo by Kristin Fitzsimmons

In a high-profile privacy lawsuit, former pro-wrestler Hulk Hogan won a $115 million jury verdict against Gawker for posting his sex video without his consent. Hulk Hogan, whose real name is TerryBollea, brought a lawsuit for invasion of privacy and other torts.  Under one of the main privacy torts — public disclosure of private facts — one can be liable if one widely and publicly discloses private information about another that would be highly offensive to a reasonable person and not of legitimate concern to the public.

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Ransomware on a Rampage

Ransomware Training 01

Ransomware is on a rampage!  Attacks are happening with ever-increasing frequency, and ransomware is evolving and becoming more powerful.

Several major media sites, such as the New York Times, BBC, AOL, and the NFL, were recently infected with malware that directed visitors to sites attempting to install ransomware on their computers.

Ransomware Malware Training

Ransomware has the potential to attack the Internet of Things.  In one instance, a researcher was able to infect a TV with ransomware.

Ransomware is now attacking smart phones.

Last month, one hospital paid $17,000 in ransom when ransomware attacked its computer system.  The computer network was down for more than a week, and patients had to be transferred to other hospitals.

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Surveillance and Our Addiction to Exposure

Bernard-Harcourt-Exposed-02-720x340Bernard-Harcourt-ExposedBernard Harcourt’s Exposed: Desire and Disobedience in the Digital Age (Harvard University Press 2015) is an indictment of  our contemporary age of surveillance and exposure — what Harcourt calls “the expository society.” Harcourt passionately deconstructs modern technology-infused society and explains its dark implications with an almost poetic eloquence.

Harcourt begins by critiquing the metaphor of George Orwell’s 1984 to describe the ills of our world today.  In my own previous work, I critiqued this metaphor, arguing that Kafka’s The Trial was a more apt metaphor to capture the powerlessness and vulnerability that people experience as government and businesses construct and use “digital dossiers” about their lives.  Harcourt critiques Orwell in a different manner, arguing that Orwell’s dystopian vision is inapt because it is too drab and gray:

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The Funniest Hacker Stock Photos 2.0

Security Training

Back by popular demand, it’s time for another round of the funniest hacker stock photos.  Because I create information security awareness training (and HIPAA security training too), I  frequently find myself in need of a good hacker photo.

But good hacker photos are hard to find.  I often browse through countless images, each one more ridiculous than the next.

Last year, I brought you some of the funniest hacker stock photos I found. There are more . . . oh so many more!  Here are the lucky “winners” this year.Continue Reading

The 5 Things Every Privacy Lawyer Needs to Know about the FTC: An Interview with Chris Hoofnagle

Privacy and Security Training

The Federal Trade Commission (FTC) has become the leading federal agency to regulate privacy and data security. The scope of its power is vast – it covers the majority of commercial activity – and it has been enforcing these issues for decades. An FTC civil investigative demand (CID) will send shivers down the spine of even the largest of companies, as the FTC requires a 20-year period of assessments to settle the score.Continue Reading

Spot the Privacy and Security Risks Training Game

Spot the Risks Privacy and Information Security Awareness Training

I’m pleased to announce a new training program:  Spot the Risks: Privacy and Security. The program is a Where’s Waldo style risk-spotting game that takes about 5 minutes to complete.  Trainees are asked to spot the risks in an office.  Feedback is provided about each risk so trainees learn many of the most important best practices.

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Information Security Training: Focus on the Human Problem

Information Security Awareness Training Plan B

I created a new poster about information security training, which is debuting at the RSA conference.  This poster is based on the fact that the vast majority of information security incidents and data breaches occur because of human mistakes.   Information security is only in small part a technology problem; it is largely a human problem.

If you’re at RSA and are interested in information security awareness training, please drop by the TeachPrivacy booth at Moscone North 4802.

RSA Conference 2016

You can pick up a copy of this poster.  And you can also learn about our newest training, which includes a really neat Where’s Waldo style game where users spot privacy and security risks.

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Can the FBI Force Apple to Write Software to Weaken Its Software?

Privacy Awareness TrainingA dramatic legal battle is taking place that will have dramatic implications for the future of technology, privacy, security, and the extent of government power.  The FBI obtained an order from a magistrate judge to force Apple to develop software to help the FBI break into an encrypted iPhone.

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Without Scalia, Will There Be a 4th Amendment Revolution?

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The passing of Justice Antonin Scalia has brought a wave of speculation about current and future U.S. Supreme Court cases.  One area where there might be a significant impact will be the 4th Amendment, which provides the primary constitutional protection against government surveillance and information gathering.  A new justice could usher in a dramatic expansion in 4th Amendment protections against government surveillance.

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The Ultimate Unifying Approach to Complying with All Laws and Regulations

The Ultimate Unifying Approach to Complying with All Laws and Regulations

Professor Woodrow Hartzog and I have just published our new article, The Ultimate Unifying Approach to Complying with All Laws and Regulations19 Green Bag 2d 223 (2016).  Our article took years of research and analysis, intensive writing, countless drafts, and endless laboring over every word. But we hope we achieved a monumental breakthrough in the law.  Here’s the abstract:

There are countless laws and regulations that must be complied with, and the task of figuring out what to do to satisfy all of them seems nearly impossible. In this article, Professors Daniel Solove and Woodrow Hartzog develop a unified approach to doing so. This approach (patent pending) was developed over the course of several decades of extensive analysis of every relevant law and regulation.

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