Internet Law Commentary

Law and Technology from a Palm Beach lawyer

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NIST Draft Practice Guide: Securing Electronic Health Records on Mobile Devices

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The National Institute for Standards and Technology issued a “draft” version of a Cybersecurity Practice Guide aimed at doctors, hospitals, and other health care providers. The 82-page Guide discusses how medical providers access patient data remotely and that “the use of mobile devices to store, access and transmit electronic health care records is outpacing the privacy… Read More

Second Cir: Facebook Case Reveals Difference b/t CFAA & SCA Statute of Limitation Periods

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The Second Circuit confirmed that the Computer Fraud and Abuse Act (18 USC 1030) and the Stored Communications Act (18 USC 2701) calculate the starting point of their two year statute of limitation differently.  If someone’s email and/or social media accounts are hacked, the statutory periods are calculated differently.  This case may be important since… Read More

Apps for Florida Mediators

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What technology and apps should mediators use? Thanks to the Florida Dispute Resolution Center for inviting me to their 23rd annual conference in Orlando, Florida on July 30-31, 2015. Our session, Technology and Apps for Mediators, explained what technology you need to run an effective and profitable mediation office.  We also discussed iPhone and iOS… Read More

Federal Reserve: What Community Banks Should Know About Virtual Currency

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The Federal Reserve System issues periodic newsletters to highlight information that community banks may find helpful in order to comply with Federal Reserve policy. To that end, the Federal Reserve’s “Community Banking Connections” is supposed to be a “primary source for information on guidance, resources, and tools to help community banks across the United States.”… Read More

Ten Steps to Facebook Discovery

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      This article, from the Spring 2015 Trial Advocate Quarterly, discusses four (4) reported trial orders  and (3) appellate decisions on social media discovery from Florida. While the orders and opinions are not exactly harmonized, they can be interpreted in a way that counsel for parties seeking social media discovery can follow these ten… Read More

Recent Government Guidelines on Data Breach / Cyber Security

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Various federal agencies have been busy this Winter-Spring 2015 issuing various guidelines regarding data breach and cyber security: DOJ Best Practices for Victim Response and Reporting of Cyber Incidents (April 2015) – drafted “with smaller, less well-resourced organizations in mind…” Office of National Coordinator for Health Information Technology (April 2015) – for medical professionals, a… Read More

Lawyers’ Ethical Duties Re Internet Scams

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The Association of the Bar of the City of New York has issued Opinion 2015-3 regarding, “Lawyers Who Fall Victim to Internet Scams.” The Opinion addresses the following: – If you get an email solicitation that appears to be fake, “the best approach is to ignore such solicitations altogether.”  A lawyer has no ethical duty… Read More

Was There a Numbers Station in Palm Beach?

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        Was There a Numbers Station in Palm Beach County? [PDF of June 2015 Palm Beach Bar article is here] In the past two years, we have been increasingly exposed to the “cool” side of math: cryptography and encryption.  Algorithms were not something you likely learned in school but most of us… Read More

PDFZilla for Lawyers

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I have written a few articles on iPhone/iPad apps for business people, lawyers, and mediators but it has been a while since I’ve recommended PC software (“Clean Your PC in 30 Minutes” from 2011). PDFZilla is worthy of a review and recommendation.  There’s a free trial version — and there’s a 20% deal going on… Read More

Florida Second DCA: ShesAHomewrecker.com Case

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Florida’s Second District Court of Appeal recently ruled in Melissa Leach v. Tara Michelle Kersey that, under case-specific facts, sending messages, Facebook friending, and posting about another person on She’s A HomeWrecker.com were not “cyberstalking” under Florida Statute 784.0485. Under the cyberstalking statute, there must be at least two incidents of willful, malicious cyberstalking before… Read More

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