Internet On Trial

Internet On Trial

Modern Day Litigation, Cyber Defamation, and Law in Sports & Entertainment

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Don’t be an April Fool—Backup Your Data on World Backup Day

Posted in Internet & Media Law, Technology Law

Today, March 31, 2018, marks the eighth annual World Backup Day. Before you physically step back from wherever you’re standing, that’s not the kind of “backing up” we’re talking about. World Backup Day started by a group of concerned internet users, posting their thoughts and ideas about data security to the international internet chalkboard Reddit. This… Continue Reading

Is All Your Software and Firmware Up To Date?

Posted in Internet & Media Law, Privacy Law, Technology Law

Do you ignore messages like this? A recent study analyzing the security health of 4.6 million endpoint devices, which included 3.5 million mobile phones across multiple industries and geographic regions revealed that across all devices and operating systems (OS), only about 31% of the devices were running the latest OS version. That means more than two-thirds… Continue Reading

Government “Appeals” Judge Orenstein’s Ruling

Posted in Litigation & Appeals, Privacy Law, Technology Law

The U.S. Attorney for the Eastern District of New York (that’s Brooklyn, for everyone in the rest of the world) has filed an “appeal” of Magistrate Judge James Orenstein’s order denying its motion to compel Apple to develop software to bypass the security measures built into iOS to withstand a brute force attack. Why is “appeal”… Continue Reading

The Government’s War on Encryption, Backdoors, and What in the World Would Antonin Scalia Do?

Posted in Internet & Media Law, Privacy Law, Technology Law

Earlier this week, the anti-encryption discussion got elevated to a war. No, a federal court judge did not order Apple to crack the encryption on the dead terrorist’s iPhone 5C, though you’d be forgiven if that’s what you heard or believed, since mainstream media outlets as big as NBC are reporting it that way. Thanks to Mike Masnick (@mmasnick) at… Continue Reading

How Secure Are Your Text Messages?

Posted in Privacy Law, Technology Law

Over 6 billion text messages are sent in the U.S. every single day. That’s 6,000,000,000. Ninety-seven percent of Americans send at least one text message per day. The average Millennial exchanges 67 texts per day. Text messaging is rapidly becoming the preferred method of communication for many people. But just how private are those messages? Do… Continue Reading

It’s good to own an iPhone—especially if you don’t live in Minnesota

Posted in Privacy Law, Technology Law

While Congress mulls over proposed federal legislation that would require smartphone manufacturers to incorporate a “kill switch” feature in all new devices sold, Minnesota just beat them to punch, becoming the first state to enact such a law. The so-called kill switch is a feature that would allow devices to be completely disabled—remotely—as a way… Continue Reading

Third Circuit Will Hear GPS Tracking Case En Banc

Posted in New Jersey, Privacy Law, Technology Law

In October, the Third Circuit Court of Appeals became the highest federal court to decide that police must first have a search warrant before they can install a GPS tracking device on a vehicle. That decision came roughly a year after the U.S. Supreme Court decided that installing a GPS tracking device on a vehicle constitutes a “search”… Continue Reading

Server Failure vs. Operator Error

Posted in Internet & Media Law, Privacy Law, Technology Law

Several months ago, during the SOPA controversy, I discovered that all of my domains were registered through, which was purportedly a strong proponent of the controversial legislative proposal. Wanting to dissociate myself and my firm from that brand of politics, I opted to have all my domains transferred over to a company that I didn’t have to be ashamed of…… Continue Reading

The Irony of Technology: Takeaways From #ABATECHSHOW 2012

Posted in Internet & Media Law, New Jersey, Technology Law

I’m writing this from my Chicago hotel room after just getting back from the final session at ABA TechShow® 2012, where I spent the past three days learning about, seeing, and trying the latest and greatest technology tools for practicing law. Ironically, despite the myriad gadgets and tech toys from literally all over the world, the best… Continue Reading