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Collecting Social Security Numbers
In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records, according to the Privacy Rights Clearinghouse. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.
Despite their limited original purpose, SSNs have become de facto national identifiers, frequently used as an authenticator in both the public and private sectors. In fact, no other form of personal identification plays a more significant role in linking together records that contain an individual's sensitive and confidential information. Ironically, the widespread use of SSNs as both an identifier and an authenticator is precisely what makes collecting and using the numbers so risky.
Not surprisingly, the fact that SSNs serve as the keys to unlock a host of personal, medical and financial information about individuals makes them highly desirable to criminals, such as identity thieves. And, thanks to never-ending technological advancements, SSNs are increasingly being transmitted and stored electronically, vastly expanding nefarious actors' ability to wrongfully obtain them. Given this climate, numerous state and federal laws have been enacted to limit the collection, use and disclosure of SSNs.
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.
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?