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Microsoft Sues U.S. Government in Privacy Fight

On April 14, 2016, Microsoft sued the United States Department of Justice, challenging a law that provides the government with authority to prevent technology companies from informing customers when their data is given to the government. This lawsuit comes in the wake of the FBI’s recent requests for Apple to unlock certain iPhones, once again […]

Assistant Attorney General Highlights Increased Worldwide Collaboration in the Fight Against Cybercrime, and Emphasizes the Need to Access Encrypted Data

On January 25, 2016, Leslie Caldwell, the Assistant Attorney General for the U.S. Department of Justice’s (DOJ) Criminal Division, spoke at the Internet Education Foundation’s 12th Annual State of the Net Conference in Washington, D.C. At this conference, she revealed that the DOJ has stationed investigators and prosecutors in five countries on four different continents […]

New York’s Focus on Cybersecurity Likely to Increase Compliance Requirements

On November 9, 2015, New York’s top financial regulator, Anthony J. Albanese, Acting Superintendent of Financial Services for the New York State Department of Financial Services (“NYDFS”), issued a letter that outlined increased “cyber security defenses within the financial sector.”  The letter seeks proposals, collaboration and “ultimately, regulatory convergence” on “new, strong cyber security standards […]

FBI Launches Campaign to Raise Awareness of the “Growing Threat and Mounting Losses” of Economic Espionage

Intellectual capital — rather than physical capital — is the “driving force” of the Information Age economy.  A 2010 report concluded that “as much as 75 percent of most organizations’ value and sources of revenue (or wealth) creation are in intangible assets, intellectual property, and proprietary competitive advantages.’’  Like anything else, as information becomes more valuable, […]

Theft of Trade Secrets: Criminal Law’s New Frontier

Steve Jobs famously quoted Picasso as saying that “good artists copy; great artists steal.”  The history of mankind may be the history of ideas, but as Jobs and Picasso recognized, the history of mankind involves a fair amount of idea theft.  In the nineteenth century, a British botanist stole the secrets of tea cultivation from […]