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Information Sharing for the Information Age
As 2015 drew to a close, Congress agreed on a federal budget for the fiscal year ending Sept. 30, 2016. That simple act, coming on the heels of a series of contentious continuing resolutions, was big news. But tucked away on page 694 of that 887-page bill was perhaps a more significant achievement. There Congress inserted, passed, and the President signed, the Cybersecurity Act of 2015 (the Act), H.R. 2029.
The Act is the culmination of years of efforts by members of both parties in both houses of Congress to provide a framework for the sharing of cyber threat information between private industry and the government. Industry counsel long pushed Congress for a means to share information without exposing their organizations to legal liability. That effort, however, was not without controversy. Privacy advocates and some in the technology industry viewed the effort as undermining protection of personal information (see, Sam Thielman, “Apple, Google and Twitter Among 22 Tech Companies Opposing CISA Bill,” The Guardian, Oct. 21, 2015) and, as one opponent said, “a disingenuous attempt to quietly expand the U.S. government's surveillance programs.” Statement of Fight for the Future campaign director Evan Greer.
Opponents were also concerned that, on the tails of the high-profile breaches at the Office of Personnel Management (OPM), shared information would be at greater risk of loss through the poor security standards of the agencies with which the information was shared. See, Larry Greenemeier, “A Quick Guide to the Senate's Newly Passed Cybersecurity Bill,” Scientific American.
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?
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.