Federal CIOs need to pay attention to European Commission’s investigation into Android

Karen Evans by Karen Evans, KE&T Partners
Monday, August 03, 2015

My goal here is not to rehash what has already been stated, but instead focus on Android and the underlying, lesser-known issues at play for government users. It is important to consider the implications this series of events has on public sector entities. Vendor practices are particularly important for federal CIOs while procuring goods and services, in particular as it relates to “bring-your-own-device” (BYOD) policies.

Televising the Revolution

H. Bryan Cunningham by Bryan Cunningham, Cunningham Levy LLP
Monday, August 03, 2015

Broad deployment of body-worn cameras will not be a panacea. But better technology and more data in pursuit of finding the truth has historically led to greater justice. This can happen only if those in power make hard decisions on at least the issues highlighted here, and sooner rather than later. If leaders fail to do so at the front end of the BWC revolution, the rights of many will be sacrificed.

Judge: Cellphone Tracking Requires a Warrant

Ross Todd, The Recorder,  Saturday, August 01, 2015

U.S. District Judge Lucy Koh of the Northern District of California ruled that the Fourth Amendment applies to historical cell site information, meaning the government must obtain a search warrant to demand it from cellphone carriers. With many smartphone applications constantly scanning the cellular network, Koh concluded, the data potentially yields such detailed information on individuals' movements that its release without a warrant would violate their reasonable expectation of privacy.

Google Pushes Back Against French Privacy Regulator’s Order

Stephanie Bodoni, Bloomberg Business,  Thursday, July 30, 2015

Google Inc. pushed back against France’s data privacy authority after the watchdog ordered the search engine giant to extend the so-called right to be forgotten to its websites globally. France’s data protection authority, CNIL, should withdraw its ultimatum threatening Google with fines unless it delists requested links across its network, the Mountain View, California-based company said in a blog post Thursday.

Bancroft Publishes White Paper On Electronic Privacy Issues

Viet Dinh and Jeffrey Harris, Bancroft PLLC,  Wednesday, July 29, 2015

Bancroft has published a white paper entitled “Toward A Modern Statutory Framework For Law Enforcement Access To Electronic Communications.” The paper identifies several deficiencies in the current statutory framework governing when law enforcement officials can access consumers’ electronic communications. As the authors explain, the current statutory framework is more than 30 years old and has failed to keep pace with developments in commerce and technology. The authors then analyze the relative merits of several recent legislative proposals that are intended to address these issues (the LEADS Act and Email Privacy Act), and offer suggestions about how to further improve this legislation.

5 Top Data Privacy Challenges for State and Local Agencies

Caron Beesley, B2C,  Tuesday, July 28, 2015

The feds aren’t the only government targets vulnerable to attack, state and local agencies are also stewards and defenders of a large amount of financial, healthcare, and other personally identifiable information (PII). And while some agencies have made major investments and taken big strides in securing their systems, NASCIO reports that a whopping 76% of state CISOs feel that their budgets remain insufficient to tackle the increasingly sophisticated cyber threats that business and governments are routinely facing.

Google AdSense Publishers Must Now Obtain EU Visitors’ Consent Before Collecting Data

Sarah Perez, Tech Crunch,  Tuesday, July 28, 2015

Google has announced a change to its user consent policy which will affect website publishers using Google products and services, including Google AdSense, DoubleClick for Publishers and DoubleClick Ad Exchange, as well as whose sites or apps have visitors arriving from the European Union. Under the new policy, publishers will have to obtain EU end users’ consent before storing or accessing their data, says Google.

EU Privacy Watchdog Backs Strict Fines for Firms Abusing Data

Natalia Drozdiak, Wall Street Journal,  Tuesday, July 28, 2015

Europe’s data-protection watchdog is advising European Union lawmakers to slap strict fines on businesses violating new data-privacy rules that will tighten guidelines on how companies — including U.S. firms operating in Europe — manage their customers’ data. The European Parliament, representatives of the national governments and the European Commission — the bloc’s executive body — are trying to hammer out the final version of the law by year-end in so-called trilogue negotiations.

Even the Former Director of the NSA Hates the FBI’s New Surveillance Push

Noah Shachtman, The Daily Beast,  Monday, July 27, 2015

The head of the FBI has spent the last several months in something of a panic, warning anyone who will listen that terrorists are “going dark”—using encrypted communications to hide from the FBI—and insisting that the bureau needs some kind of electronic back door to get access to those chats. It’s an argument that civil libertarians and technology industry executives have largely rejected. And now, members of the national security establishment—veterans of both the Obama and Bush administrations—are beginning to speak out publicly against FBI Director Jim Comey’s call to give the government a skeleton key to your private talks. “I hope Comey’s right, and there’s a deus ex machina that comes on stage in the fifth act and makes the problem go away,” retired General Michael Hayden, the former head of the CIA and the NSA, told The Daily Beast. “If there isn’t, I think I come down on the side of industry. The downsides of a front or back door outweigh the very real public safety concerns.”

Age-old Struggles: Yin and Yang, Bulls and Bears, Security and Privacy

Peter Ferrara, TownHall.com,  Thursday, July 23, 2015

And in the struggle between security and privacy, there can be no security without privacy. But what good is privacy without security? In 1986, when electronic and digital information was in its infancy, Congress passed the Electronic Communications Privacy Act (“ECPA”) to extend the age old protections of the Fourth Amendment to the newly emerging technology. But today the technology has exploded to create vast, unforeseeable, transnational realms of data communication and storage.