Should Freedom of Information Requests Extend to Technology and Software Systems?
As originally published in Forbes on December 8, 2011. The New York Supreme Court recently considered whether the principles that underlie freedom of information requests apply to obtaining software systems that contain records that otherwise would have to be produced by the government. Applying a two-part litmus test, the court answered that question in the affirmative. This.. read more →
Names You Need To Know in Data Security: Cleversafe
As originally published in Forbes on September 30, 2011. How big is Big Data? According to technology advisory firm IDC, the world’s data in 2007 totaled nearly exabytes. One exabyte equals 1018 bytes. To put that in perspective, GMail allows you to send attachments totaling “only” 25 gigabytes (25 billion bytes), a huge allowance but still small.. read more →
Supreme Court Addresses Inhumane Conditions in California Prisons, Orders Release of 46,000 Inmates
As originally published in Forbes (May 23, 2011). In a highly controversial 5-4 decision today, the Supreme Court upheld with “undoubted, grave concern” a lower court opinion that held that no remedy for the systemic violation of constitutional rights in California prisons would be effective without reducing the State’s prison system population. Brown v. Plata.. read more →
Why You Should Think Very Seriously Before Expressing Political Views at Airport Security
As originally published in Forbes (May 22, 2011). Think twice about expressing political views — including citing the Bill of Rights — the next time you go through airport security. That’s exactly what Aaron Tobey did, and he paid the price. The facts of Tobey v. Napolitano (E.D. Va.) are allegedly as follows, as set.. read more →
FCPA-Inspired UK Bribery Act Projected to Hit the Oil and Gas Industry Hardest
The UK Bribery Act, anticipated to be the new international gold standard in anti-corruption, is scheduled to take effect on July 1, 2011, and, according to a recent study by Ernst & Young, it will hit the oil and gas industry the hardest. Ernst & Young’s news release revealed some troubling statistics regarding bribery prosecutions under.. read more →
D.C. Circuit Opinion Banning Dancing at Memorials Deserves Very Close Scrutiny
As originally published in Forbes (May 18, 2011). According to the U.S. Court of Appeals for the D.C. Circuit, the “second highest court in the land,” the Jefferson Memorial should have a “solemn atmosphere” in light of the fact that it was “built by the government for the precise purpose of promoting a viewpoint about.. read more →
Federal Court Scolds D.C. for “Rolling” Document Production After Start of Trial
Imagine a standup comic who delivers the punch-lines of his jokes first, a plane with landing gear that deploys just after touchdown, or a stick of dynamite with a unique fuse that ignites only after it explodes. That’s what document production after trial is like–it defeats the purpose. And with that soliloquy, U.S. District Court.. read more →
Cell Phone Radiation? Text, Don’t Talk, advises FCC
As originally published in Forbes (May 9, 2011). How dangerous is your cell phone? The unfortunate reality is that you can’t really know. Even so, only one year ago, progressive San Francisco Mayor Gavin Newsome proposed an ordinance that would have required that all retailers inform consumers about the amount of radiation that cell phones.. read more →
Texas’ Personal Data Spill Just Got Texas-Sized
As originally published in Forbes (May 7, 2011). I wrote on April 26 that the State of Texas “has a really big mess on its hands” as a result of a year-long data breach by three state agencies that made publicly available on a searchable website the names, Social Security numbers, and other confidential information.. read more →
Doninger v. Niehoff — Student Blogging, The School House, and Free Speech Collide
As originally published in Forbes (May 3, 2011). In Doninger v. Niehoff (2d Cir. Apr. 25, 2011), the U.S. Court of Appeals for the Second Circuit held that public school (i.e., government) officials didnot violate a student’s First Amendment rights by preventing her from running for senior class secretary in response to a blog entry.. read more →