Analysis


May 10, 2017

By Mark Rasch
Attorney and Cybersecurity Expert 

Remember when the FBI initiated an investigation of the classified emails of State Department employee Huma Abedin found on the laptop computer of her (now estranged) husband, former (and disgraced) New York Congressman Anthony Weiner? 

Now Former FBI Director James Comey testified that he was obligated to tell members of Congress about these e-mails during the election cycle because they had the potential to conflict with promises he had made previously about the investigation having been closed.


April 6, 2017

By Mark Rasch
Attorney and Cybersecurity Expert 

The cops may be reading your private Facebook posts to a friend.  And you may never know about it or be able to do anything about it.  And your friend may never know about it or be able to do anything about it. And, as a result of a New York State court decision on April 5, Facebook may not be able to do anything about it.  


April 3, 2017

By Mark Rasch
Attorney and Cybersecurity Expert 

With the repeal of the FCC rules on broadband privacy and security, there’s been a lot of misinformation floating around the web. Here’s my attempt to clarify some of the issues.


March 29, 2017

By Mark Rasch
Attorney and Cybersecurity Expert 

On March 28, 2017, the United States Congress voted to repeal regulations issued by the FCC which would have required Internet Service Providers to obtain the consent of their customers before they could sell their information. Currently, if you visit a website like Facebook, Twitter, or Google, the website collects the fact that you have visited, and what you did on that site.  


March 14, 2017

By Mark Rasch
Attorney and Cybersecurity Expert 

Julian Assange has offered to help make your product more secure. Julian Assange has offered to make you a felon. 

WikiLeaks founder Julian Assange has released information about the CIA’s “Vault 7” Swiss Army knife toolkit for rooting and hacking into computers, phones, routers, networks, and IoT devices. These include a wealth of theoretical, known, and “zero day” vulnerabilities and exploits – many of which have been floating around in the research community, but some of which are genuinely new. 


February 27, 2017

By Mark Rasch
Attorney and Cybersecurity Expert

Earlier, I wrote about the efforts by the Bentonville, Arkansas police department to compel Amazon to produce – by search warrant issued by an Arkansas judge – the contents of conversations that either the perpetrator or victim of a murder might have had in the presence of an Amazon Echo. 


February 23, 2017

By Mark Rasch
Attorney and Cybersecurity Expert

It sounds like a classic law school exam question.  A border patrol agent in the United States, without adequate provocation or justification, fires a shot across the Mexican border, hitting an innocent Mexican teenager in the head – killing him.  

Does the family of the deceased have any recourse in the US courts, specifically under the Fourth and Fifth Amendments through the unjustified use of deadly physical force?  That’s what the Supreme Court will decide after oral argument on February 21, in a case called Hernandez v. Mesa


February 1, 2017

By Mark Rasch
Attorney and Cybersecurity Expert

When Walter Ackerman sent an email from his AOL account to someone else, it never arrived.  It never arrived because AOL’s computers examined the contents of the email, using an MD5 hash function, and determined that one of the attachments’ electronic signature matched that of suspected child pornography contained in a database maintained by the National Center for Missing and Exploited Children.  AOL scanned the contents of Ackerman’s emails using an automated procedure, and then turned the results over to the Justice Department for prosecution. 


January 31, 2017

By Mark Rasch
Attorney and Cybersecurity Expert

President Trump is slated to issue two Executive Orders this week which may relate to the ability of the nation to defend itself (and its critical infrastructure) from potential cyberattacks.  The first is the President’s Executive order on cybersecurity.  The second is the Executive Order on Regulatio.  It may be that these orders work contrary to each other in practice.  We will have to wait and see.


January 30, 2017

By Mark Rasch
Attorney and Cybersecurity Expert

A recent report has indicated that police have subpoenaed records from Amazon to get the cloud stored audio files from an Amazon Echo to help solve a murder case. This points out a disturbing trend in privacy.  

It’s not that the government is surveilling us.  It’s that we are surveilling ourselves in newer and more intimate ways, and in ways that fail to take into account all of the unintended consequences of data collection and analytics. 


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