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It’s Not the Computer, Stupid. It’s the Information in It. Two Recent Indictments Stretch the Limits of “Theft” of Information.

30 de Abril de 2026, 05:57
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The legal system persists in framing "computer crime" through the archaic lens of tangible property—theft and conversion—despite the fact that information is non-rivalrous and easily duplicated without depriving the original owner of possession. Recent federal indictments, such as the Van Dyke and SPLC matters, reveal a "doctrinally aggressive" expansion where the government claims universal ownership of information to prosecute misuse rather than disclosure. As the Supreme Court moves to narrow the Computer Fraud and Abuse Act (CFAA) and reject "right to control" theories, a widening gap emerges between prosecutorial tactics and judicial constraints, highlighting a desperate need to shift the legal focus from "ownership" to duties of confidentiality and authorized use.

The post It’s Not the Computer, Stupid. It’s the Information in It. Two Recent Indictments Stretch the Limits of “Theft” of Information. appeared first on Security Boulevard.

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  • Data Privacy Leaks – The Drip, Drip, Drip of Exposure Mark Rasch
    Beyond the "headline breach," modern enterprises face a persistent threat: steady-state data leakage. Learn why traditional privacy definitions fail and how "authorized" data flows in workplace apps create continuous legal and operational risk. The post Data Privacy Leaks – The Drip, Drip, Drip of Exposure appeared first on Security Boulevard.
     
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  • The Robot Will See You Now Mark Rasch
    As these systems move from "pilot" to "permanent," are you more concerned about the erosion of the physician-patient relationship or the potential for hidden economic "steering" within the algorithms? The post The Robot Will See You Now appeared first on Security Boulevard.
     

The Robot Will See You Now

24 de Abril de 2026, 03:51

As these systems move from "pilot" to "permanent," are you more concerned about the erosion of the physician-patient relationship or the potential for hidden economic "steering" within the algorithms?

The post The Robot Will See You Now appeared first on Security Boulevard.

Telco Privacy Violation? Fine! No, Telco Privacy Violation, Fine. Supreme Court to Determine if FCC Can Charge Telcos for Data Breaches

23 de Abril de 2026, 08:19
data pipeline, blindness, data blindness, compliance,data, governance, framework, companies, privacy, databases, AWS, UnitedHealth ransomware health care UnitedHealth CISO

The intersection of constitutional law and cybersecurity enforcement, specifically the Seventh Amendment right to a jury trial in regulatory data privacy cases.
Central Conflict: Whether federal agencies (like the FCC, SEC, or FTC) can administratively impose monetary penalties for data misuse without a jury, or if such actions are "Suits at common law" requiring Article III court proceedings.

The post Telco Privacy Violation? Fine! No, Telco Privacy Violation, Fine. Supreme Court to Determine if FCC Can Charge Telcos for Data Breaches appeared first on Security Boulevard.

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  • Trump Taxes and the Price of Privacy Mark Rasch
    Data breach litigation faces a valuation crisis as courts and the Trump v. IRS case grapple with the "concrete harm" requirement and the actual dollar value of privacy. The post Trump Taxes and the Price of Privacy appeared first on Security Boulevard.
     

From Analytics to “Interception”: How Website Tracking Became a Wiretap Problem—and What Companies Should Do About It

17 de Abril de 2026, 07:42

There is a certain irony in watching a statute designed to prevent clandestine eavesdropping on telephone calls become one of the most aggressively deployed tools against ordinary website functionality. The federal Wiretap Act—codified as part of the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. §§ 2510–2522—was never intended to regulate marketing pixels, session replay scripts,..

The post From Analytics to “Interception”: How Website Tracking Became a Wiretap Problem—and What Companies Should Do About It appeared first on Security Boulevard.

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  • Can AI Help “Solve” The Child Porn Problem? Magic 8 Ball Says, “Answer Hazy – Ask Again Later” Mark Rasch
    The technological trajectory is clear: Hash-based systems anchored in the National Center for Missing and Exploited Children (“NCMEC”) database remain highly effective for identifying known CSAM, but they are structurally incapable of addressing synthetic, modified, or previously unseen material. Machine learning systems—trained on large corpora of images—offer the only plausible path forward for detecting novel.. The post Can AI Help “Solve” The Child Porn Problem? Magic 8 Ball Says, “Answer
     

Can AI Help “Solve” The Child Porn Problem? Magic 8 Ball Says, “Answer Hazy – Ask Again Later”

13 de Abril de 2026, 03:30

The technological trajectory is clear: Hash-based systems anchored in the National Center for Missing and Exploited Children (“NCMEC”) database remain highly effective for identifying known CSAM, but they are structurally incapable of addressing synthetic, modified, or previously unseen material. Machine learning systems—trained on large corpora of images—offer the only plausible path forward for detecting novel..

The post Can AI Help “Solve” The Child Porn Problem? Magic 8 Ball Says, “Answer Hazy – Ask Again Later” appeared first on Security Boulevard.

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  • California Gets Serious About Regulation (Again) Mark Rasch
    California’s privacy regime has evolved. As of January 1, 2026, the CCPA/CPRA now mandates risk assessments, automated decision-making (AI) oversight, and independent cybersecurity audits. The post California Gets Serious About Regulation (Again) appeared first on Security Boulevard.
     
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  • The EU CRA – Treating Cybersecurity as Product Liability Mark Rasch
    The EU's Cyber Resilience Act (Regulation 2024/2847) shifts cybersecurity responsibility upstream. Explore the March 2026 guidance on secure-by-design requirements, software bills of materials (SBOM), and the impact on U.S. manufacturers. The post The EU CRA – Treating Cybersecurity as Product Liability appeared first on Security Boulevard.
     
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  • SEC Rules – Crypto IS A Security – Sometimes Mark Rasch
    Cryptocurrency is a speculative asset, a payment system, and critical infrastructure all at once. Explore why this "Shimmer" problem creates an unstable security model where users bear 100% of the risk. The post SEC Rules – Crypto IS A Security – Sometimes appeared first on Security Boulevard.
     
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