Saturday, October 31, 2015

CISA


CISA Issues

The U.S. Senate passed the Cybersecurity Information Sharing Act (“CISA,” S. 754). In passing it had to consider a variety of issues before it regarding the amendments to CISA.  The proposed amendments of CISA have one goal in common, to enhance privacy and strengthen the privacy.

One of the issues was to clarify the definition of what is a cyber security threat and what may indicate that there has been a threat. Another is to strengthen the protection of personal identifiable information (PII).  When it comes to governmental sharing of information or the Freedom of Information Act disclosures that both aspect engender heightened PII protection and that the PII is extracted from what is shared or provided upon FOIA request.

Regarding the sharing of PII among federal agencies CISA addressed the extension of liability protection in monitoring information sharing and the disclosure breach.  However, the liability protection will not apply to gross negligence and the protection will not limit common law and statutory defenses in handling PII. 

Furthermore, there is the implementation of frequent reporting of best practices to be implemented on the handling of PII among federal agencies sharing information.  In so far as cyber security threat is defined, events involving consumer terms of service or licensing agreements are excluded from the definition.  Despite CISA passing in the Senate, its reconciliation with Title II, the “Federal Cybersecurity Enhancement Act,” and the Cyber Information Sharing and Protection Act (“CISPA”) remains.  

Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web."
Copyright 2015, all rights reserved Lorenzo Law Firm, P.A.  

Wednesday, October 28, 2015

Developing Apps

Developing apps could be thrilling and troubling.  Of course, it is the thrilling aspect or expectation that drives the creative ideas.  But what is not thought of is the necessary planning that is crucial for it to be successful.  Simple creation is not enough.  Long before that, just the thought of an idea is less than just the tip of the ice berg.
Naming the app is important that it does not infringe on trademarks and that the labeling does not infringe other apps’ copyright.  Appropriate research should be done.  Also care should be taken to not plagiarize another app.
The success of developing apps that can draw attention is one aspect.  The other aspect is to determine who will develop the app. It is important to assess what market the app will fit in.  More of what goes into the creating an app is how it will be marketed, labelled, and distributed.  The common thought of just placing an app on an app store is the bomb is actually not the bomb.
A lot more goes into ensuring that your ideal app gets the attention that it needs. One idea is to make an online video of how that app works and how useful it is.  Another useful method of promoting your app is to update it frequently say quarterly.  The idea of promotions on an introductory basis is always a catch.
The daring consideration is to ask users for rating of the app.  This could enhance developing apps as they amalgamate through the years of multiple user experience input.  This will ensure that developing apps will remain current. The good news is that for those venturous enough to engage in developing apps, there are resources online that are helpful with programming ideas.



Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web."
Copyright 2015, all rights reserved Lorenzo Law Firm, P.A.  

Tuesday, October 27, 2015

Net Neutrality European Points

Net Neutrality European Points
Net neutrality European points are going before the EU Parliament soon where several proposals will be weighed.  The concept of an open internet without restrictions on traffic, how the networks manage traffic and how traffic is categorized is being considered in the EU Parliament.  There is a draft regulation proposed expressing net neutrality European points addressing previously raised considerations.  The focus has been to ensure that traffic is treated equally by internet service providers.  It is also emphasized that as services are delivered there is no interference or restriction on service delivery, regardless of sender, receiver, content, or type of service provided.
The net neutrality European points that are noteworthy among the noted loopholes that advocates seek addressed are: special services, zero rating, traffic management or ‘congestion’ management, and traffic classification affecting management.
The overall scope is to achieve language that narrows the scope of what is considered as network providers’ specialized services, allows countries to regulated zero rating to address public harms and network providers’ anti-competitive behavior, addresses network providers’ manner of defining congestion as congestion exists and not necessarily upon an expectation of congestion in order to lessen network providers possible restrictions, and limit the ability of network providers to affect technical quality of service based on category of network traffic.


Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web."
Copyright 2015, all rights reserved Lorenzo Law Firm, P.A.  

Monday, October 26, 2015

Security of Internet of Things

The security of internet of things is unknowingly pervading our everyday life.  Items that can be remotely accessed for information, turned on to operate, adjust their operation settings, and process into a network are all fraught with vulnerabilities.  Security of internet of things is just becoming news worthy to some and ignored by great majority.
Liabilities for how they are technologically to function could arise.  There are so many different economic sectors that are embracing the nuance of smart items in our life that the security of internet of things has not grasped their to-do-list in their design.  This brings the concern for liability of products and the growth of litigation nuanced in this genre of case law to the forefront.
Unless industries embrace the concern for their items being hacked, government will try to step in and naively create a uniform standard of care out of thin air that would apply to all industries.  Technology and it systemic capabilities across the use of networks are confounding judges, regulators initially thinking of one-size-fits-all approach to the growing problem.  That is a mistake.
The list of issues that comes with the needs for security of internet of things is growing and is comprised of some initial events.   There is the concern with the disclosure of personal and business information.  There is also the concern for the item to be manipulated to malfunction which would cause harm.  Companies have studied the issues and have reported remarkable increases in vulnerabilities. [1]
The greater concern, that which is beyond the vulnerability of disclosure of personal data and intrusions into systems, is the concern over the synergy developing among disparate systems communicating together causing vulnerabilities for grand stand hacking, manipulated international miscommunication, denial of service directives, and data theft to be held hostage for ransom.
The confluence of variables brings the prescription for post haste industry self-regulation and post haste convergence of standards to set addressing the security of internet of things to avoid cataclysmic deluge of product liability suits and to stem the current growth of internet of things hacks.  The mining of personal data would seem minimal at that scale and a common day occurrence from a broad scale perspective of the potential greater vulnerabilities that are ever present with internet synergies among products, etc., trains, automobiles, airplanes, drones, gas meters, gasoline pumps, hospital equipment, etc.
[1] AT&T, Cybersecurity Insights, Vol. 1, October 1, 2015, 458 % increase in internet of things vulnerability scans against internet of things connected devices.



Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web."
Copyright 2015, all rights reserved Lorenzo Law Firm, P.A.  

Friday, October 23, 2015

International Service of Lawsuits Via Email

International service of lawsuits via email is an option when the physical address of an international defendant is unknown.  According to the Hague Convention on the Service Abroad (Hague Convention), when the physical address is unknown the Hague Convention does not apply.  In practice, as long as the email address does not return an undeliverable notification, service by email may be effectuated on an international defendant.
The Federal Rule of Civil Procedures allows for the service of foreign individuals either by international agreed means of service to give notice, pursuant to the Hague Convention on serving Extrajudicial Documents in Civil or Commercial Matters.  In the absence of an agreement, Rule 4(f) of the Federal Rules of Civil Procedure service can be done through letters rogatory.  Furthermore, a person can be served by mail provided there is a return receipt.
The nuance of the internet age has dawned a clever means to achieve international service of lawsuits via email service that is not prohibited by international law.   The District Court in Northern California ventured in Goes International, AB v. Dodur, Ltd, to determine service by email.  As it did it delved in the issues of the need to know the physical addresses of the defendant, the due diligent efforts to learn of the physical address, and the absence of an international agreement prohibiting such service.
The Court determined that where the physical address is known, the Hague Convention applies.  Otherwise, the Convention does not apply.  The alternative means of service pondered was email so long as it was reasonably calculated to ensure actual notice to the defendants. The clinching criteria is the evidence of not receiving an “undeliverable notification.”  In the absence of receiving a undeliverable notification, the Court deemed international service of lawsuits via email service suffices the requirement of being calculated to provide ‘actual notice.’
 


Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web."
Copyright 2015, all rights reserved Lorenzo Law Firm, P.A.  

Monday, October 12, 2015

Internet - Changing Business Models

Internet - Changing Business Models
Internet is changing business models on daily business operational practices from brick-n-mortar constructs to digital information transfers, from a letter or phone call to a “textmail” or “e-mail.” The process has brought a down scaling in what used to be large administrative organizations to efficient self-employed entrepreneurs. The latter is the future and it is vastly growing.
The digital economy distinguished simply by how information transfers, is allowing broader landscape of customers beyond national borders. The immediacy of starting up a business is remarkably a day-to-day phenomenon in varied services.
Internet law lawyers without business sense will find it difficult to address the plethora of issues emerging in the digital economy.  Knowledge of where government policies are deficiently addressing this growing entrepreneurial mode is a must for the internet law lawyer. International law quickly becomes an integral aspect of many issues in the digital economy.  Regulators are behind the eight ball addressing how to foster the continual growth of the self-employed and small enterprises in the digital economy. The confusing regulations and requirements that usually are applied to brick-n-mortar businesses require revisiting for the digital based enterprise.
The prevailing aspects in the digital economy is the exponential growth of entrepreneurs, the sharing economy, and the on-demand aspects of the economy. With that, the landscape is replete with differing consumption models affecting lending to becoming more social, services becoming peer-to-peer, as well as task performance. The ecommerce business environment is fast and furious and exciting to all desiring to venture. Policy makers must tighten their belts for the ride that is already transforming economies of scale, methods of innovations, and the individuality aspect of the digital economy.


Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web."
Copyright 2015, all rights reserved Lorenzo Law Firm, P.A.  

Saturday, October 10, 2015

Electronic Self-Publishing, Copyright and Trademark Considerations



Electronic Self-Publishing, Copyright and Trademark Considerations

Many venture on to electronic self-publishing without endeavoring into copyright and trademark considerations that do come up. The efforts to do so could be for self-publication or out of an egalitarian purpose of making materials easily available. The issues for self-publishing for those seeking to venture are immaterial to the purpose  Initial costs of publishing can be limited which is a plus with electronic self-publishing. The elimination of an additional tear of reviews could sterilize the content of one’s writing and have it lose its creative oomph.
 
There are a handful of considerations before one ventures off into the self-publishing foray.  The initial consideration pertains to the medium that is being published.  Is it an image or a graphic?  Is it text or music lyrics?  Are brands being used or an existing trademark being used?  The answer to these may appear intuitive but it’s far from that.

If you are considering using graphics the origin of its domain whether it’s public or not is an initial serious consideration.  How you acquire the desired image is another consideration.  All attention should be focused on the permission for use and the type of license that is acquired for its use.  There is no generic concept that is applicable to all images and graphic that would obviate specific assessment of each prior to use.
 
The difference in assessment from images and graphics to that of lyrics and text is that the latter is usable under license as a portion of the created art. The amount of the lyrics or the text in question then becomes another issue all together because publishers have different licensing standards that will require individual assessment prior to use.
 
To what extent partial content use should be considered ‘fair use’ is a question that must be initially answered.  The pedestrian self-publisher should not rely on word count, though that is what client commonly rely on to their dismay. There is a certain value to a segment of a song or a text that carries resonating meaning.  In and of itself is distinguishable from other segments of the same song or text.
 
A very touchy topic in the realm of self-publishing is the matter involving others’ trademarks and brands being used publications.  A self-publisher will wrestle with the possibility of being challenged for ‘infringement,’ ‘dilution,’ or ‘tarnishment;’ all being determined by the context of the brand’s or trademark’s use in the publication. There are ‘search engines’, for example who adamantly seek to prevent the use of its ‘brand’ as the commonly used term for internet searches.  A self-publisher has risks and benefits to weigh before venturing to use a brand or a trademark in its work. 
 


Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web."
Copyright 2015, all rights reserved Lorenzo Law Firm, P.A.  


Friday, October 2, 2015

Ecommerce and the FTC


Ecommerce and the FTC
For businesses seeking to engage commercially in the realm of cyber space ‘ecommerce’, their ecommerce efforts will be under the eyes of the FTC – Federal Trade Commission. While it was established in the early 1900s, the FTC has been focused on protecting consumers and enforcing their rights.
There has been a transition at the FTC from traditional oversight of brick and mortar business to additionally watch over commercial activities in cyber space.  Its realm of enforcement over unfair deceptive business practices extends to cyber commercial activity.
As it does toward brick and mortar businesses, the FTC watches if a business’ conduct harms consumers and if a business’ practices infringes on public policy.  They essentially look for deceptive misleading business practices.
While many view the internet as a wild west for business, that view cannot be further from the truth.  Everything from internet advertising, email promotions, privacy policies, travel information, investment related opportunities, and products are watched by the FTC sold in ecommerce.
Trouble comes when businesses do not provide disclosures so that transaction terms information is provided to consumers.  Also seen are untenable promises made to consumers.  The rapidly pressing issue of privacy is overcoming all operational issues.  FTC is concerned with businesses promoting its ability to secure consumer privacy while its infrastructure and capability is not comparable with its representations.  Consumers in the eyes of the FTC should not be led by false security promises.


Lorenzo Law Firm is “Working to Protect your Business, Ideas, and Property on the Web."
Copyright 2015, all rights reserved Lorenzo Law Firm, P.A.