We actively follow the work of the National Institute of Standards and Technology (NIST), part of the U.S. Commerce Department, which over the past year has been very busy in the areas of Cloud Computing and information data security. Yesterday NIST announced “the final release of Special Publication 800-145, The NIST Definition of Cloud Computing.” NIST’s […]
Blumenthal Bill Bumps Up Big Fines for Data Thefts and Security Breaches
Late last week Senator Richard Blumenthal (D-CT) introduced a one-hundred page bill, dubbed the Personal Data Protection and Breach Accountability Act of 2011, S.1535, (the “PDPBA Act”), referred to the Senate Judiciary Committee, that if ultimately passed would levy significant penalties for identify theft and other “violations of data privacy and security,” criminalize as felonies […]
Additional Law Enforcement Group Endorses PCIPA’s 18-Month Mandatory IP Address Retention for ISPs
In the wake of the H.R. 1981, the “Protecting Children from Internet Pornographers Act of 2011 (PCIPA), proposed May 25, 2011 by U.S. Representatives Lamar Smith (R-Texas), the head of the House Judiciary Committee, and Debbie Wasserman Schultz (D-Fla.), the National Sheriffs’ Association, a organization representing 3,000+ Sheriff’s offices around the country, announced in testimony […]
New York’s High Court Weighs In On Scope of CDA 230 Defamation Immunity
Recently the New York Court of Appeals, New York’s highest court, held in a 4-3 opinion, Christakis Shiamili, &c., v. The Real Estate Group of New York, Inc. et al., that CDA Section 230 immunity from defamation extends broadly to web sites that perform significant editorial functions on third-party provided allegedly defamatory content. The decision […]
NIST Releases New DRAFT Cloud Computing Synopsis
The National Institute of Standards and Technology (NIST) recently released a new cloud computing draft special publication for public review and comment (see associated press release), which NIST is billing as “its most complete guide to cloud computing to date.” Public comments to NIST on the 84-page P 800-146 DRAFT Cloud Computing Synopsis and Recommendations (PDF 1.9MB) […]
Cloud Computing Webinar Series
BUMPED – There’s still time register for our upcoming free webinar. Legal Issues of Security and Privacy in Cloud Computing – Wed., May 24, 2011 – 12:30 pm ET In this free upcoming webinar on cloud computing, Attorney, Richard Santalesa will examine the Legal Issues of Security and Privacy in Cloud Computing. To register, click […]
Ponemon Study: 73% Believe Cloud Providers Do Not Protect User’s Confidential Information
Growing scrutiny of cloud computing security in the first half of this year is not surprising in light of the numerous data breaches, privacy issues and headline grabbing cloud outages that have occurred recently. (See Amazon EC2 outage, Amazon Cloud Drive Terms of Use, DropBox privacy concerns, Epsilon breach, etc.). On the heels of this […]
Bedrock v Google Patent Case – InfoLawGroup Analysis
Attorney and former computer programmer, Richard Santalesa, has analyzed the recent $5 million verdict against Google in the ongoing Bedrock Computer Technologies, LLC v. Google et al. patent litigation, which has focused on various alleged infringement arising from uses by Free and Open-Source Software (FOSS) within the Linux kernel. The litigation is far from over, […]
“Contracting for Cloud Computing” Free Webinar Now Available On Demand
Last week, Attorney Richard Santalesa presented a free one-hour webinar on Contracting for Cloud Computing in conjunction with Zenith Infotech, Ltd and MSPtv. The feedback received was very positive and our presentation covered a wide-ranging number of contracting issues specifically applicable to cloud computing scenarios. This next installment in our webinar series on cloud computing […]
What’s Next for the FTC’s Proposed Privacy Framework?
The December 2010 release of the FTC’s much anticipated Privacy Framework, included the typical public comment period, which ended in February. We’ve looked at the 442 separate submitted comments received by the FTC, available here, from individuals and associations, corporations and organizations. The goal was to uncover what themes, trends and thoughts are raised by […]
District Ct. Holds Use of Facebook at Work Does Not Violate the CFAA
Every now and then we wonder what goes through the mind of some litigation parties and their respective attorneys. Case in point the ongoing case of Wendi J. Lee v. PMSI, Inc., 8:10-cv-2904, out of the U.S. Middle District of Florida within the 11th Circuit Court of Appeals. Ms. Lee filed suit against PMSI, her […]
Update: Video archive version of last week’s cloud webinar now available
Update: In the event you were unable to attend last week’s webinar covering various Legal Issues of Cloud Computing, an archived video version is available for viewing at your convenience at: http://event.on24.com/r.htm?e=285427&s=1&k=DE81EEFD2A15B72713DB88007F7C2AA6 for the next 30 days, and then thereafter in the MSPtv video archives. Attorneys, Richard Santalesa and Boris Segalis, are presenting the first […]
Supreme Court Holds Corporations Not Entitled to “Personal Privacy” under FOIA Exemption
On March 1, 2011, the Supreme Court held in FCC v. AT&T Inc. that corporations do not enjoy “personal privacy.” The Court’s 8-0 decision reversed a Third Circuit Court of Appeals’ holding that corporations could prevent the release of certain information subject to a Freedom of Information Act (FOIA) request on the basis of an […]
NIST Issues Two New Draft Cloud Computing Documents, A Call for Public Comment and a Cloud Wiki
Last week the National Institute of Standards and Technology (NIST), an agency within the Department of Commerce, released for public comment two “new” draft documents centered on cloud computing. The first is a NIST-codified Definition of Cloud Computing (Draft SP 800-145), and the second document is what NIST calls “the first set of guidelines for […]
Attorney Santalesa Quoted on Dept of Commerce Privacy Greenpaper
Richard Santalesa, was quoted yesterday in a DataGuidance news story about the Department of Commerce’s December 2010 report entitled, ‘Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework’ (a/k/a Greenpaper, report available here). The DataGuidance story, USA: DoC report recommends federal breach notification law and review of ECPA, available here, highlights […]