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Everyone today is on high alert about the threats of Internet fraud, identity theft and white-collar crime ' or if not, they should be. Internet criminals are constantly cultivating new tactics, and law enforcement entities are doing everything they can to head them off.
At New York Legal Tech in January, the opening keynote address was given by David Thomas, chief of the FBI CyberDivision's Criminal Intrusion Unit. In his presentation, Thomas detailed the growing industry of cyber crime from sources in Eastern Europe, China and India. Artwork to create counterfeit credit cards (MasterCard, Visa, and AmEx) can easily be bought on the Internet. Lists upon lists of 'fulls,' which include an individual's full personal ID information including social security numbers, mother's maiden name and credit card numbers, are easily available for purchase on Internet sites.
'Why aren't these thieves being locked up?' you might ask. Thomas explained that the governments of the criminals' host countries often do not actually outlaw this kind of activity. In fact, the industry has become so legitimized in certain countries that publicly distributed magazines contain 'how to' instructions on perpetrating these crimes. Thomas's message to the awestruck Legal Tech audience: 'It's not a question of if identity theft will happen to you ' it's a question of when.'
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 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.
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.
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.
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?