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- Attorney-client privilege; full and frank conversations; hack; hackers; hacktivism; whistleblowing; technology; cybersecurity; ethics; bar associations; evidence; Federal Rules of Evidence; Federal Rules of Civil Procedure; claw back agreements; quick peek agreements; litigation; waiver; express waiver; implicit waiver; privileged communications; inadvertent disclosure; unintentional disclosure; unauthorized disclosure; purloined communications; stolen documents; technology; email; Wikileaks; Panama papers; Ashley Madison; Clinton Foundation; Teneo; John Podesta; Sony Entertainment; public domain; duty of confidentiality (1)
- Computer; fiduciary; hacking; insider trading; securities; Securities Exchange Act; hacker-seller; 10b-5 (1)
- Drones; civilian drones; privacy; consumer drones; drone privacy; civilian drone privacy; consumer drone privacy; civilian drone privacy threats; consumer drone privacy threats; drone hack; drone surveillance; drone data storage; drone regulations; Federal Aviation Administration drone regulations; civilian drone regulations; EPIC v. FAA; operation and certification of small unmanned aircraft systems; drone privacy regulations (1)
- Wearable; Fitbit; HIPAA; health data; health insurance; privacy laws; health information; health profile; fitness; GDPR; data collection (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Clicks And Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Brooklyn Law Review
This note argues that computer hackers who sell inside information instead of trading on it themselves, referred to in the note as hacker-sellers, avoid liability under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5. Rule 10b-5 criminalizes the use of a manipulative or deceptive device “in connection with the purchase or sale of any security.” Hacker-sellers fall outside the scope of this rule for two reasons. First, the type of hacking employed by hacker-sellers is not always “deceptive,” and only the forms of hacking which deceive the computer into thinking an authorized user is seeking access are …
Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano
Wearables And Personal Health Data: Putting A Premium On Your Privacy, Alexandra Troiano
Brooklyn Law Review
Recently, insurance companies have gained greater insight into their policyholders’ health habits by incentivizing them to take steps towards a healthier lifestyle through the use of wearable devices. This note addresses the recent trend of insurance companies that offer discounts to policyholders who use Fitbits, or other wearable wristbands, to track and report health information. At first glance, this idea seems like a win-win for insurance companies and policyholders–insurance companies can reduce risk by encouraging healthier habits for their policyholders, and policyholders receive discounts on their health insurance. Despite this synergy, however, this type of program threatens personal privacy, particularly …
Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy
Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy
Brooklyn Law Review
The news story is now familiar: hackers breach a security system and post internal, confidential information online for anyone with an Internet connection to comb through. This digital version of whistleblowing, called “hacktivism,” is attractive to the media, which has leaned on broad First Amendment protections to widely cover the confidential communications revealed by hackers. These hacks also provide attorneys with enticing opportunities to look through previously confidential files. But as ethics and evidentiary rules stand, it is not clear if an attorney may view the files, let alone use them as evidence in litigation. That companies are hacked is …
“Big Brother” In The Private Sector: Privacy Threats Under The Faa’S New Civilian Drone Regulations, Sean M. Nolan
“Big Brother” In The Private Sector: Privacy Threats Under The Faa’S New Civilian Drone Regulations, Sean M. Nolan
Brooklyn Law Review
The Federal Aviation Administration’s (FAA) recent promulgation of civilian drone regulations triggered the growth of a new consumer industry. As this industry grows, so do the privacy threats it presents. Drones with advanced technological capabilities can record and store a wide range of data, without the consent of the data’s source. Privileged information captured by drones—whether for innocent purposes or not—is in turn vulnerable to misappropriation, as civilian drones are far from hack-proof. Despite the likely privacy implications of large-scale drone legalization, the FAA’s new regulations do not include any privacy protections. This note provides a criticism of the FAA’s …