LEGAL THOUGHTS

This blog contains our personal opinions on topics that interest us.

INTA Annual Meeting 2019

I'm in Boston, Massachusetts for the 2019 INTA Annual Meeting and connecting with lots of attorneys from many countries. Last night, Michael Haddad gave the opening keynote about breaking limits and doing the impossible, His speech was very inspirational. #INTA

How to configure Google auto-delete for your personal data

I wish I could take credit for this article, but Apple Insider beat me to it. If you are interested in limiting how much data Google collects about you, read this article to learn how to configure some of Google's settings so Google will stop recording, or auto-delete your data after 3 months or 18 months. #technology #privacy

Software Licensing SNAFU

Adobe recently sent notices to its own customers to stop using older versions of its Creative Cloud software applications. Why? Because customers using older versions could be subject to third party claims of copyright infringement. What? It appears Adobe licensed some software from a third-party, probably Dolby, and used it in its Creative Cloud software applications. Now there is a dispute between Adobe and the third-party. As a result, Adobe's license rights probably were revoked along with Adobe's right to sublicense its customers. Thus, forcing Adobe to send the aforementioned notice to its own customers. This case is a prime example of how you don't own software. Rather you licens

Forced Unlocking of Smartphones (part 2)

Last month, I blogged about a California court refusing to force a person to unlock their smartphone. The trend continues. A Magistrate Judge in Idaho ruled last week that a person cannot be forced to unlock their phone using their fingerprints because it would violate their Fifth Amendment right against self-incrimination (In the Matter of the Search of A White Google Pixel 3 XL cellphone in a black Incipio Case, D. Idaho, 1:19-mj-10441, May 8, 2019 (Order is hosted on Mega.nz)). To qualify for the Fifth Amendment privilege, a communication must be testimonial, incriminating, and compelled. Forcing a person to provide their fingerprint (or biometrics) to unlock the phone would be testimon

Can I call myself as an "engineer"?

In the past few months, two state regulatory bodies were found to have violated free speech rights by prohibiting people and business from using the word "engineer". 1. Oregon State Board of Examiners for Engineering and Land Surveying (OR Board) After his wife received in 2013 a ticket from a red-light camera, Mats Järlström began studying red-light cameras and publicizing his results. In some of his publications, he said he was an engineer -- he had an engineering degree. However, under Oregon law, only persons registered with the OR Board can call themselves an engineer. In 2017, Mr. Järlström sued the OR Board for violating his free speech rights (Järlström v. Christopher D. Aldrid

Data scraping in the EU and GDPR

There was a decision a couple of months ago about data scraping in the EU (see link). The data scraper had collected personal information from a variety of public sources. Under the GDPR, if a business collects personal information from sources other than the person, the business should provide notice to the person (GDPR Art 14 (3) and (4)). In this case, the business reached out to a 700,000 people it had email addresses for, but not the other 5.7 million records for which it only had mailing addresses. The business argued that to reach the other 5.7 million people would require a "disproportionate effort" under GDPR Art 14(5)(b) and that it complied with the GDPR by posting a notice of

Bounty - extending the brand

I like Bounty candy bars. It turns out I also like Bounty as a spread for bread. #trademark #iceland

Expiring passwords

Two years ago, I wrote a blog post about data security myths, in particular about how frequently changing passwords was good. It seems Microsoft was paying attention to the NIST guidance. In a recent blog post on the security baseline for Windows 10, Microsoft dropped the "password-expiration policies that require periodic password changes". Microsoft explained that expiring passwords "is a defense only against the probability that a password (or hash) will be stolen" and that if a password "is never stolen, there's no need to expire it". Expiring a password that hasn't been stolen adds problems without benefits such as forgetting your password, writing it down where others can find it, or

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