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Comment: State Open Records Acts (Score 1) 151

by Benjamin_Wright (#27006943) Attached to: UK Politician Criticised For Using Hotmail
Similar issues apply in state government. On account of Open Records Acts, state governments are wise to insist that employees (including governors) route all business e-mail through a central e-mail archive and to encourage employees to take all personal e-mail to personal accounts. --Ben

Comment: e-mail destruction policy (Score 1) 703

by Benjamin_Wright (#26960883) Attached to: The Art of The Farewell Email
The world is different today compared to the past (compared to even just a year ago). The constant march of technology makes it possible for a smaller work force to do virtually the same job as a larger workforce. As white collar employees are handed pink slips, an employer like a bank or a brokerage may be prudent to generously retain their e-mail records. The records are a valuable asset to the employer, relating to intellectual property, project management, customer relationships and more. --Ben http://legal-beagle.typepad.com/wrights_legal_beagle/2008/10/retain-e-mail-of-former-employees.html

Comment: Legal liability! (Score 0, Redundant) 841

by Benjamin_Wright (#26737727) Attached to: Bill Gates Unleashes Swarm of Mosquitoes
To release live mosquitoes in a crowded room is a surprising thing for a wealthy man to do. Theoretically, Mr. Gates is opening himself to legal liability (1) for assault on the people who don't want mosquitos biting or harassing them, and (2) for damaging the conference and the venue where it is being held. From a purely legal perspective, Mr. Gates would have been wise to obtain consent from all affected people (including the owner of the venue) before he unleashed this menace. [By the way, I fully acknowledge the value of the point Mr. Gates made. He should be congratulated for making such an important point so effectively. Such a display took great courage on his part.] --Ben

Comment: what is a breach of security and what is not? (Score 2, Interesting) 43

by Benjamin_Wright (#26359583) Attached to: Data Breaches Rose Sharply In 2008
Most all data in commercial and government systems are "exposed" or "compromised" to one degree or another virtually all the time. So it is not surprising that as we focus more attention on breaches, we discover an ever-growing number of breaches. Under the presenting thinking, the growth will never stop. Should each citizen therefore be mailed 100 breach notices every day? Legally and ethically speaking, we do not have a competent definition of what is and is not a meaningful security breach. The result is confusion and excessive anxiety on the part of data holders, data subjects, legal authorities and the media. Ben

Comment: save employee electronic mail (Score 1) 506

by Benjamin_Wright (#26332207) Attached to: Microsoft Rumored To Lay Off Thousands Worldwide
The world is different today compared to the past (compared to even just a year ago). The constant march of technology makes it possible for a smaller work force to do virtually the same job as a larger workforce. As white collar employees are handed pink slips, an employer like a Microsoft, a bank or a brokerage may be prudent to generously retain their e-mail records. The records are a valuable asset to the employer, relating to intellectual property, project management, customer relationships and more. --Ben

Comment: computer forensics law - Texas Red Light Cameras (Score 2, Interesting) 898

by Benjamin_Wright (#26193551) Attached to: Using Speed Cameras To Send Tickets To Your Enemies
Texas private investigator legislation is causing problems for robo-cop traffic enforcement. A Texas judge said the company running a red-light camera was acting illegally because it did not have a private investigator license. On the basis of this ruling, motorists are challenging traffic tickets. The problem started when the legislature said computer forensics experts needed to be licensed like private eyes. See deails: http://legal-beagle.typepad.com/wrights_legal_beagle/2008/12/e-discovery-forensics-private-investigator-license-for-computer-data-collection-and-assessment.html --Ben

Comment: cyberbullying risk (Score 1) 502

by Benjamin_Wright (#26140877) Attached to: MySpace Verdict a Danger To Depressed Kids
Lori Drew's case holds a lot of lessons for a lot of people. It is about cyberbullying, which is behavior for which society has little tolerance. Cyberbullying is poison for anyone it touches. An institution like Myspace -- or a library or a school, which provides patrons, students or guests access to the Internet -- has plentiful incentive to stamp out cyberbullying within its system and its PCs. Regardless of how the law says it (through a misdemeanor criminal conviction or otherwise), the law has made clear it wants to find a way to punish anyone involved with cyberbullying. --Ben

Comment: Too many notices! (Score 4, Insightful) 50

by Benjamin_Wright (#26140847) Attached to: Data Breach Notices Show Tip of the Iceberg
Data breach notices have a scalability problem. As the number of notices soars, we need to better define what is a serious breach and what is not. Otherwise, the public drowns in breach notices, many of which are insignificant. --Ben http://hack-igations.blogspot.com/2007/12/does-lost-tape-equate-to-lost-data.html

Comment: cyberbullying (Score 1) 457

by Benjamin_Wright (#25939097) Attached to: Groklaw Summarizes the Lori Drew Verdict
Lori Drew's case is about cyberbullying, which is behavior for which society has little tolerance. Cyberbullying is poison for anyone it touches. An institution like Myspace -- or a library or a school, which provides patrons, students or guests access to the Internet -- has plentiful incentive to stamp out cyberbullying within its system and its PCs. --Ben

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