In this episode

• Traveler's Insurance files suit against a web developmeent company for failing to provide adequate security, resulting in a breach of one of its customers
  • http://www.law360.com/articles/614158/travelers-blames-web-designer-in-bank-website-data-breach
  • We discuss whether security standards are now "implied"?
  • Does Traveler's have any standing to sue? (Shawn thinks not)
• FTC goes after LabMD for a data breach
  • http://healthitsecurity.com/2015/01/23/ftc-healthcare-data-breach-case-v-labmd-continues/
  • Is the FTC over-reaching?
  • We discuss this statement from the FTC website: "[LabMD failed to] ..reasonably protect the security of consumers’ personal data, including medical information"
• Social media company TopFace pays a ransom to hackers
  • http://www.forbes.com/sites/davelewis/2015/01/31/topface-facepalms-as-it-surrenders-to-data-breach-hacker-blackmail/
  • Face + Palm.
  • We lament why this absolutely terrible decision may have far-reaching repercussions

Guest

• Shawn Tuma ( @ShawnETuma ) - In addition to being a perennial favorite on this show, Shawn is an attorney with expertise in computer fraud, social media law, data security, intellectual property, privacy, and litigation. He's a Texan, a Christian, a family man, an author & and speaker - and an all-around awesome guy.

In this episode

Attorney and CFAA expert Shawn Tuma joins us to talk about the US vs. Salinas case where Mr. Salinas was threatened with 440 years in jail, and now plead down to a misdemeanor. Prosecutorial discretion, or attorneys-gone-wild?

Link: http://www.wired.com/2014/11/from-440-years-to-misdemeanor/

Synopsis

This timely podcast is right on the heels of the US vs. Cotterman decision from the 9th Circuit Court of Appeals. One of the watershed decisions on privacy and digital law, this is an extremely important case that touches on whether government agents can take and search your digital property while crossing the border with or without cause or suspicion. Michael and Shawn give their analysis, and we get some critical information for international business travelers, as well as those of us in the security community who regularly cross the US border with sensitive, potentially encrypted or password-protected information.

Link to the original 9th Circuit Court of Appeals decision: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/03/08/09-10139.pdf

You're not going to want to miss this podcast.

Guests

1. Michael Schearer ( @theprez98 ) - Security consultant and penetration tester by day, law student and hacker by night, proud Navy veteran, writer, promoter of civility in political discourse, Philadelphia and Penn State sports fanatic, practicing philomath, and last but certainly not least, Dad and Husband. Michael maintains a fantastic blog at http://theprez98.blogspot.com.
2. Shawn E. Tuma ( @shawnetuma ) - Partner at the law firm BrittonTuma and an attorney with a broad based business, litigation, and intellectual property litigation experience combined with his unique expertise with cutting-edge legal issues such as computer fraud, data security, privacy, and social media law. Shawn is a member of the Information Security Committee of the Section of Science & Technology Law for the American Bar Association and the Privacy, Data Security, and e-Commerce Committee of the State Bar of Texas. Shawn maintains a great resource for analysis on legal decisions http://www.shawnetuma.com.