Author: JHTL

Th3 Bl@m3 G@m3: Employee Liability in Cyberattacks

In December 2020, news broke about the massive cyber security breach of SolarWinds. SolarWinds was hacked largely due to weak cyber security practices including the use of a weak password which easily allowed hackers to infiltrate the software and install malware. SolarWinds initially blamed the weak password on an intern, sparking nationwide conversations about employee responsibility in keeping networks secure; however, companies will not necessarily be able to escape vicarious liability for data security breaches if they fail to take the adequate steps to secure their networks.… Read More Th3 Bl@m3 G@m3: Employee Liability in Cyberattacks

JHTL

Confidentiality: Genetic Privacy

Genetics is a science that can be used to categorize people, stigmatize them, or subject them to social or economic discrimination. The individuals being tested are not the only ones with an interest in the test results. Family members, employers, insurers, the press, and the government all may desire information about a person’s genetics. Thus, raising a lot of privacy issues for genetic information. The Genetic Information Nondiscrimination Act of 2008 (GINA) was designed to prohibit the improper use of genetic information for insurance and employment purposes. Even with this we must be aware of potential threats to our privacy. As biotechnology and computer technology advance, substantial privacy issues will continue to arise.… Read More Confidentiality: Genetic Privacy

JHTL

Appeal First, Question Later: Addressing the Growing Number of Rapid GDPR Appeals and Its Effects on Adequate Enforcement

The recent trend in GDPR actions has been for organizations to no longer hesitate to challenge the decision of data protection authorities, opposing fines first and worrying about legal standing after. However, the reality of this new method of immediate opposition is actually working for companies and data collectors as most of these cases are either struck down or partially dismissed by EU courts. With regulators claiming that their enforcement powers are at risk of being severely restricted, and companies claiming that their methods of data collection have been stunted, a clear divide exists.… Read More Appeal First, Question Later: Addressing the Growing Number of Rapid GDPR Appeals and Its Effects on Adequate Enforcement

JHTL

New AI-Powered Cameras Pose Privacy Concerns for Drivers and the Average American

Recently, Amazon has installed cameras into nearly 30,000 delivery vans across America to monitor their drivers and improve driver safety. Though Amazon representatives claim that an AI software only records when it senses a problem, it is not clear how much of a driver’s day or activity in residential neighborhoods is being recorded in actuality. The addition of these cameras into Amazon delivery vans raises concerns of the drivers over their privacy in the workplace and could threaten the privacy of average Americans while carrying out daily activities.… Read More New AI-Powered Cameras Pose Privacy Concerns for Drivers and the Average American

JHTL

Dark Pattern Deceit: California’s Ban on Dark Patterns and What It May Mean for Protecting Consumer Privacy in the Future

California, in the first move of its kind, banned the use of dark patterns as part of a change to the existing California Consumer Privacy Act. The new regulations, which create civil penalties for those organizations not in compliance, were established to assist in protecting individuals from the manipulative and deceptive nature of these user designs. While the changes are new, and may not address every aspect of dark patterns, they are a necessary step in protecting consumer privacy, and have the potential to stimulate action by the federal government and other states. … Read More Dark Pattern Deceit: California’s Ban on Dark Patterns and What It May Mean for Protecting Consumer Privacy in the Future

JHTL

See and Be Seen: Surveillance Footage Breach Results in Potential Legal Liability for Silicon Valley Start-Up

This blog discusses how Verkada, Inc., a Silicon Valley Start-up specializing in surveillance cameras, was breached by an international hacker collective. The surveillance cameras were used by various jails, hospitals, clinics, and most notably, Tesla factories. The hackers obtained access to intimate footage taken from inside these spaces thereby violating the privacy of hundreds of individuals and exposing Verkada to invasion of privacy claims. Verkada responded by disabling all unauthorized access to the cameras. This blog will include an analysis of the legal liability of Verkada, the security requirements that should have been in place, and what this may mean for the future legality of digital surveillance. … Read More See and Be Seen: Surveillance Footage Breach Results in Potential Legal Liability for Silicon Valley Start-Up

JHTL

The NFL Calls an Audible

This blog discusses the recent agreements between the NFL and various media companies for broadcast licenses of professional football games. ESPN will now be in the rotation for the right to broadcast the Super Bowl and Amazon Prime will broadcast Thursday Night Football exclusively on its app for the first time. This blog additionally discusses how this change in content distribution impacts the power of licensors and potential shifts in contract drafting.… Read More The NFL Calls an Audible

JHTL

Not-So Incognito: Collection of Your Private Internet Browsing History

A federal judge denied the request to throw out a class-action suit alleging that Google secretly scoops up troves of internet data, even if users browse in “Incognito” mode. In the ongoing case of Brown v. Google LLC, the plaintiffs argue that Google did not notify users that Google engages in the alleged data collection while the user is in private browsing mode, though Google argues that the plaintiffs consented to its privacy policy. With the increase in consumer data collection and uncertainty around how/when this data is being used, federal legislation, like the California Consumer Privacy Act, requiring data use disclosure may be the best method to offer users this kind of data autonomy. … Read More Not-So Incognito: Collection of Your Private Internet Browsing History

JHTL

Alexa: The Big Sister We Never Knew We Had

This blog discusses the privacy implications of Amazon’s Alexa, specifically through the cases, Braunack v. Amazon.com Inc. and Narreau v. Amazon.com Inc. The plaintiffs in these cases allege that not only does Amazon secretly record conversations under the guise of “false wake” recordings, but also stores those recordings to enable targeted advertising. This blog examines these cases as well as the legal privacy implications of this technology.… Read More Alexa: The Big Sister We Never Knew We Had

JHTL

Non-Fungible Tokens: Analyzing Digital Collectibles Through the Lens of the Law

This blog discusses non-fungible tokens (NFTs) which are a type of digital collectible. Some NFTs are abstract – they are often a purchasable, conceptual representation of something else (such as a Tweet, real estate, etc.); but their value lies in ownership – while circulation of the subject matter is still available to the public, the owner of the NFT is essentially the recipient of a digitally-authenticated note. In addition to presenting the complexities of NFTs in a more digestible manner, this blog explains the legal implications of their flourishing role in the world of crypto-digital assets, specifically in the context of intellectual property and securities law. … Read More Non-Fungible Tokens: Analyzing Digital Collectibles Through the Lens of the Law

JHTL

Facebook Lifts Ban on Political Ads: Has Anything Changed?

Facebook announced earlier this month that it would lift its self-imposed ban on political advertising, put in place following the 2020 U.S. Presidential election. The social media giant stated that it would again run promotional advertisements on “social issues, elections or politics” but noted that advertisers would be subject to authorization and identity checks. Facebook was not the only company to institute such restrictions, Google put a similar ban in place, and announced that it was lifted in February. The bans sparked widespread critiques, but lifting the bans raises another set of questions entirely: Has anything changed? What did these bans really do to stop the spread of misinformation?… Read More Facebook Lifts Ban on Political Ads: Has Anything Changed?

JHTL

The Shop Safe Act: Protection Against the Dangers of a Counterfeit World from Designer Handbags to Oxycontin

This blog explores the legal implications associated with counterfeits in the e-commerce industry and the possible benefits of the Shop Safe Act introduced to Congress on March 2, 2020. This issue has become increasingly prevalent during the COVID-19 pandemic due to the increase in online shopping, leading to the risk of unsafe and counterfeit purchasing of consumer goods. Lastly, this blog emphasizes that the Shop Safe Act would not only provide protection for consumers against harm to their health and safety, but would protect the profits and intellectual property rights of legitimate American businesses who have devoted countless hours and money into developing their products.… Read More The Shop Safe Act: Protection Against the Dangers of a Counterfeit World from Designer Handbags to Oxycontin

JHTL

All Hands Meeting for the Health-Conscious, Post-Pandemic: Wearable Technologies Turned Medical Devices and the FDA

This blog discusses the regulatory implications of wearable technology such as WHOOP and FitBit that have made an effort to use respiratory patterns in their devices to detect COVID-19 pre-symptoms. This blog further analyzes how the fact that wearable technology is often not considered a medical device effects how the technology is regulated. Finally, this blog explores how the federal standards among medical devices and wearable tech is likely to change in a post-pandemic world and looks at what wearable technology may expect from federal regulators going forward.… Read More All Hands Meeting for the Health-Conscious, Post-Pandemic: Wearable Technologies Turned Medical Devices and the FDA

JHTL

Getting “Krafty”: A look at The New England Patriots involvement in Bret Bielema’s contractual dispute

Bret Bielema, who currently serves as the New York Giants outside linebacker coach, is currently involved in a legal dispute with a former employer. Bielema was the head coach of Arkansas’s football program until he was fired in 2017. Bielema’s contract was bought out by the Razorback Foundation with a condition stating that Bielema, “make reasonable efforts to find employment.” Soon thereafter, Bielema was hired by the New England Patriots. In 2019, the Razorback Foundation stopped paying Bielema who subsequently filed suit for breach of contract in June, 2020.… Read More Getting “Krafty”: A look at The New England Patriots involvement in Bret Bielema’s contractual dispute

JHTL

The FireEye Breach: An Aftermath of Worldwide Victims and a Push for a Federal Disclosure Law

FireEye, a $3.5 billion company that helps its customers respond to sophisticated cyberattacks, was attacked itself when its software was breached and its data was infiltrated by a nation with “top-tier offensive capabilities.” FireEye reacted quickly – the company discovered the breach, disclosed of it to the proper authorities, brought in experts to help with the investigation, and provided their customers with information on how to detect and block the attack. The current recourse and response however, is just a band aid and ultimately, the Biden Administration needs to coordinate not only with FireEye, but other prominent cybersecurity firms to develop a federal disclosure law that would require all companies to report the existence and extent of any breach. While other possible solutions exist to combat unlawful and offensive cyberattacks, it is the job of both private companies and the government to fend off such attacks.… Read More The FireEye Breach: An Aftermath of Worldwide Victims and a Push for a Federal Disclosure Law

JHTL

Immoral Incarceration: How a Technological Glitch is Holding Arizona Prisoners Past Their Proper Release Date

The following blog discusses an Arizona prison’s purchase of Arizona Correctional Information System (“ACIS”) software and the system’s subsequent incompatibility with recent legislation seeking to reduce sentences for non-violent drug offenders. The inability of ACIS to re-calculate these individuals’ new release dates has resulted in the wrongful imprisonment of hundreds of incarcerated persons otherwise eligible for earlier release. … Read More Immoral Incarceration: How a Technological Glitch is Holding Arizona Prisoners Past Their Proper Release Date

JHTL