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Criminal Subpoenas for Online Data
The amount of electronically stored information (ESI) in the digital universe is staggering and increasing exponentially. Much of this data is personal. According to IBM, every day, people globally send 294 billion e-mails, publish 230 million Tweets, and upload 100 terabytes of data to Facebook. These statistics account for a small fraction of online ESI, which can include purchase invoices, travel itineraries, contact lists, private correspondence, photographs, calendar appointments, tax documents, medical information, and so on. A collection of such digital information provides an archive of an individual's personal life ' more detailed, reliable, and intimate than the most meticulously maintained diary or scrapbook. This phenomenon is equally true in the business world. The average American office worker creates 1.8 million megabytes of ESI each year, and more companies are considering moving their enterprise data into cloud storage to manage this growth.
The Fourth Amendment
Never before has so much personal data been available anywhere but also completely outside the immediate control of the person who created it. After all, ESI saved in online accounts is stored on both an individual's hard drive and on third-party servers. For this reason, when the federal government wants access to certain personal information for investigations or other law enforcement activity, it need not ask the individual or business that created the data, but can turn to the party controlling the servers on which the data is stored. Today, companies like Google and Facebook are the entities responding to government search warrants and subpoenas for individuals' personal information.
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?