Legal Aspects of Cybersecurity(AKA) CYBERLAW: A Year in Review, Cases, issues, your questions my (alleged) answers presented at BlackhatUSA 2011

by Robert Clark,

URL : https://media.blackhat.com/bh-us-11/Clark/BlackHat_US_2011_Clark_Cyberlaw_Slides.pdf

Summary : The past year has recently gotten really busy. Jailbreaking and Sony are going places not seen before subpoenaing records from ISPs, Twitter, etc - and we're beginning to get some recognition from court cases on the unique aspect of information technology. This presentation will look at these legal developments particularly:
Jailbreaking; Google faces class action over wi-fi downloads yet police intercept unsecured wi-fi without a warrant and that's not a search;
Sony faces class action for negligence - what is the standard required for cybersecurity - one court has already held a bank negligent, could this happen with Sony; a magistrate denies a search warrant for a computer as over-broad stating police must exclude use of the "plain view" doctrine and conduct a tailored search using a taint team government is appealing; similarly other judges beginning to acknowledge computers contain massive amounts of data and searches need limitations;
TimeWarner eliminating ISP competition in North Carolina; damages for seized computers; 5th Amendment and password protected computers; use and admissibility of emails in litigation; juror's and Facebook; Supreme Court looks into employer email monitoring; smart phones treated as computers and searched in addition Michigan State Police doing some interesting things with traffic stops and smart phones; are IP addresses personally identifiable information;
Patent wars- Microsoft in front of Supreme Court to lower patent standard; spouses, divorces and spyware; computer search terms hearsay or evidence when they involve schemes to murder; and, stealing your boss' email is probably not only a crime but a bad idea.
This presentation is strongly audience driven and it quickly becomes an open forum for questions and debate.