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We Need to Cut a New Deal on Communications Privacy
It is (high) time to rewrite and modernize the law that regulates access to our private communications and to the detailed information those communications automatically create.
No, I'm not talking about the statutes relating to the U.S. Foreign Intelligence Surveillance Court, or the National Security Agency's collection of metadata. We do need to constrain the growth of a surveillance state, even if some intelligence activities can be justified. But ordinary government information collection and eavesdropping, in the course of normal law enforcement activities, are just as badly in need of reform.
Before 1986, the wiretap statute required a warrant only for the “aural” interception of communications. That formulation stemmed from the practice of attaching alligator clips to phone lines so the police could use earphones to listen in on a call. But information was increasingly being exchanged in digital form. Interception might involve reading an e-mail, not listening to a voice. So it was clear that the wiretap statute needed to be updated to cover new forms of electronic communication.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Benefits of Blockchain for e-Discovery and Data Preservation
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.