Incognito Does Not Mean What You Think It Means

Google’s definition of ‘private’ is slowly coming to light thanks to a $5B class action lawsuit and recent Congressional hearings. There seems to be some emails and second hand accounts supporting the assertion that Google executives were well aware of how the public might react if they found out that Google and other sites could still track user searches, URL’s and actions while in [...]

By |2021-09-27T10:36:44-05:00September 27th, 2021|Caselaw, Essay, Compliance, Privacy, Security|0 Comments

Apple Scanning ALL U.S. iPhones in a BYOD World

Apple plans to start scanning all U.S. iPhones for images of child sexual abuse using a tool called “neuralMatch” or “NeuralHash” against a database of known images. Womble Dickinson’s JDSupra article covers many of the high-level privacy concerns and explores Apple’s plans for a service that will scan encrypted messages for sexually explicit content to provide parental notice. Using a generated hash to check [...]

IM eDiscovery: Resurrecting the 5000:1 Rule

One of my Litsupport team wearing the departmental t-shirts. Used with permission Blame Jonathan Maas for reminding me of my 5000:1 rule from the Enron email review. “For every 5,000 emails we review someone gets fired.” To put that rule in late 1990’s context, everyone having a corporate email account was still a relatively new thing. Just like the pandemic driven adoption [...]

By |2021-01-12T12:38:17-06:00January 12th, 2021|Essay, Collectors, Compliance, Legal Holds, Privacy, ESI Sources|0 Comments

Employer Policies Requiring Vaccination

Now that vaccines are approved and in the pipeline it is time for employers to decide whether they will be required for all or certain workplace employees. I hope that these December 16, 2020 EEOC Guidelines will be more consistent than previous CDC and other workplace COVID-19 guidelines. So far, corporations continue to face potential liability relating to their safety policies/practice. Now they have [...]

By |2020-12-28T11:49:53-06:00December 28th, 2020|Regulations, News, Compliance, Privacy|0 Comments

Solargate: A Global Trojan Horse in the Supply Train

Good summary and perspective by Doug. First a bit of context and techno translation. The Orion Platform is SolarWinds’ primary systems management bundle for on-premise and hybrid environments. SolarWinds’ products cover the breadth of IT management. That means the hacked version of Orion gave the hackers potential access to servers, applications, databases, storage and more. I have struggled to keep up with the new [...]

By |2020-12-17T11:27:47-06:00December 17th, 2020|Compliance, News, Privacy, Security, Architecture|0 Comments

Who is Selling eDiscovery Peer Contact Info?

NOTE: Although this is a real email thread, it does not contain my usual technical, process or market perspectives. Instead, I got tired of the barrage of emails offering me YOUR contact information, so I decided to expand my usual Request to be Forgotten and run down exactly whom was selling this 'global eDiscovery contact list'. Enjoy. Angela, After not receiving a response multiple [...]

By |2020-12-16T11:56:36-06:00December 16th, 2020|Essay, Privacy|0 Comments

Label Trade Secrets to Protect Them

The matter and article highlight the increased risk that corporate trade secrets and confidential data may be disclosed by the largely remote corporate workforce. I appreciate the well-structured guidance and concrete action steps proposed. The authors recommendation to perform an IP audit is a good starting point. However, I would add the need for automated categorization solutions that flag and highlight files and communications [...]

The Civil Discovery Impact of 50,000+ Smart Phone Extractions

Good find by Doug (who credits his wife) on Upturn.org’s new report on the widespread use of Mobile Device Forensic Toolkits like Cellebrite or Access Data by law enforcement. Aside from the civil liberties issues, I want to draw corporate litsupport/compliance/security attention to the logical progression that looms. The latest Gallup poll shows that 58% of employees work remote sometimes or always. I can [...]

Does Your BYOD Policy Cover Device Upgrades and Disposal?

Back in 2014 I wrote a piece on how Avast! pulled personal information from wiped Android phones sold on eBay to demonstrate the dangers of selling off your old smart phone. Now it seems that trading in your iPhone with Apple has not been safe since 2015. The improvements in device encryption may severely limit the potential exposure of corporate email, texts and credentials [...]

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