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Data Encryption And the Law
Essentially, cryptography involves the conversion of information into unintelligible text for subsequent transmission past unintended third parties (encryption), with the intended recipient then converting the text back into intelligible form (decryption). For the purposes of this article, data encryption will be the term utilized to describe the entire process.
In the online age, data encryption is favored as a means of transmitting confidential information across public spaces, whether literal or virtual, without a concomitant disclosure of the contents of the confidential information to unintended recipients. Unsurprisingly, a substantial transmission of encrypted data travels through virtual portals like the Internet. Though data encryption was once largely limited to the dissemination of military and government information, it is now employed for a myriad of reasons applicable to the average user, including for basic activities such as Web browsing and online transactions.
Data encryption has existed in various forms since the times of antiquity and yet the legal questions surrounding it remain largely unresolved, particularly in the United States. This lack of resolution is not for a paucity of recent attention to the practice. Stories have sprung up in the press detailing how data encryption is a critical component of the present government strategy on national security matters. Additionally, courts in various jurisdictions have decided questions of first impression involving the protection, if any, afforded to individuals who wish to avoid compelled disclosure of encrypted personal data. As a result, the debate surrounding data encryption has at present unprecedented salience and resonance. However, this debate is firmly ensconced in an uncertain legal framework, as the United States has yet to codify a statute that deals with the competing interests associated with data encryption.
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?