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Disposal of Computer Systems: Removal of Information
Your business is in the process of upgrading and replacing its computer assets and deciding what to do with the old servers, computers, and laptops. You might sell them, donate them to charity, or simply toss them in the garbage because they are 5 or more years old. Before you choose any disposal option, however, you should first consider what type of information may be stored on those old computer assets and then determine whether your business has a duty to protect that information as part of the disposal process.
From a privacy perspective, a patchwork of laws and regulations exists at the federal and state levels that, either directly or indirectly, imposes requirements regarding the removal of certain types of information from computer memories in connection with the disposal of such computers by the user. Each such law and regulation focuses on a particular type or types of information that may be generally classified as consumer personal information. The present laws and regulations establish general standards with respect to the removal or protection of such information. None of the present laws or regulations provides specific or definitive requirements or guidance with respect to the steps or manner in which the information must be removed. The obligation to remove the information from computer memories derives from the various information privacy and security laws and regulations that have been enacted to protect personal financial and health information and to prevent identity theft.
The laws and regulations in this area appear, for the most part, to impose their requirements only on those businesses that generate or obtain the information in their normal course of business. However, at least one regulation, the FTC Disposal Rule, may be interpreted to impose its requirements for proper disposal on service providers that are in the business of disposing of electronic media.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?