Author Archives: Janine Bowen

Janine Bowen

About: Janine Bowen

Janine is an engineer and technologist, as well as an attorney. This unique blend of skills and experience gives her the ability to understand and collaborate with clients on technology‐related matters regarding cloud computing, mobile commerce, Internet & E‐commerce, privacy & data security, and intellectual property.

Autonomous Vehicles and All That Data

In an earlier post, we discussed the potential ownership models for autonomous vehicles, also known as driverless cars (“AVs”). Models range from true traditional ownership as we understand it today, to licensed-based models (vehicles owned by someone else but you can use them on an exclusive or non-exclusive basis), to service-based models (you do not own the vehicle, but you can call it when you want it, e.g. cab, Uber).  In this post we will explore the data-intensiveness of autonomous vehicles, the impending data “land grab,” and who will own and control all of the data generated by AVs. An …

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ISO’s Privacy Standard for Cloud Service Providers

In July 2014, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) issued a new security standard – ISO 27018 – which attempts to outline best practices for public cloud service providers on how to better protect personally identifiable information.  Although the standard expressly only applies to public cloud providers, it’s instructive to any cloud provider –public or private. Like all ISO standards, compliance with ISO 27018 is voluntary, and certification under the standard is not required by any law. However, over time, more and more cloud service contracts are requiring compliance with or certification to this standard. Adhering to the ISO …

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The Anthem Breach – A Retrospective

Many people and news outlets have opined, weighed in, and informed the public about the 2015 Anthem breach. It remains a hot topic in January 2017, because it currently lines up with other hot stories about hacking ordered by foreign governments.  But even before the Anthem breach was linked to one of the biggest issues of the 2016 election cycle, it was an important data incident, for several reasons. Why was the Anthem breach important at that time? The Anthem breach was notable because it was the first major data breach that potentially involved protected health information. Media coverage about …

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Cloud-Computing Lessons using Software as a Service (SaaS)

Long before anyone referred to “the cloud” as something related to the Internet, software companies began shifting away from expensive, customized, on-site software implementations to something we used to call Software as a Service (SaaS).  Now, “the cloud” is widely recognized as a place where Internet-based computing resources are shared, but SaaS is still out there.  In fact, it’s probably the most widespread type of “cloud” computing; you just don’t hear it called “SaaS” that much anymore.  But SaaS is, fundamentally, the same as it ever was – a type of Internet-based computing that provides shared computer device processing resources …

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You Just Used My Picture Without Permission?

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015.  This exhibit featured screenshots of other people’s Instagram photos.  These screenshots were not altered.  They were simply the pictures that Instagram users posted, with an addition of Prince’s comments in the comment section of the post. What is remarkable is that the individuals whose likenesses and photographs were used were unaware of the use.  Prince did not ask for permission or provide notice.  He just used the pictures.  Apparently, the art world was pleased with his …

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Autonomous Vehicle Business Models: How Will You ‘Own’ One?

Google, Uber, and several major automakers are working to bring autonomous vehicles (i.e. self-driving cars) to the marketplace. In mid-October 2016, Tesla announced that three of its models will be fitted with all the hardware needed to be driverless. In September 2016, Uber cars were seen on the streets in self-driving mode. The technology is rapidly maturing, and we continue to see testing of cars with driverless capabilities in some cities.  There has been speculation that autonomous vehicles are the next radical market transformation for the automotive industry, as cloud computing was for the software industry.  The prediction is that …

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Bring Your Own Device (BYOD) – Be Smart

At the dawn of portable electronic devices, they were primarily work-related productivity tools.  Often, employers would purchase (or lease) devices and distribute them to their need-to-have employee base.  It’s not so long ago that we can remember when the Blackberry transitioned from a business device to a consumer device.  Everybody wanted a Blackberry (weren’t those the days for RIM?) and free email providers like Yahoo and Gmail offered accessibility of their email content through the Blackberry. Then, mobile devices got smart.  They became phones and productivity tools and the footprint shrunk from two devices to one.  One smart device that …

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Cyber Insurance: Common Pitfalls of the Insured

As we have noted in a number of recent posts, tech companies need cyber insurance. The risk of not having it is simply not worth it.  But cyber insurance policies can be confusing to understand because the policies vary depending on your type of business, business needs, and how your customers are serviced. Some companies might need a combination of cyber policies in order to have complete cyber insurance coverage. It is very important to do your due diligence, think critically about the cyber insurance needs of your company, and find a policy that covers all of your company’s cyber …

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The Internet of Things and the FTC – Don’t Be the Test Case

Kevin Ashton, an expert on digital innovation, stated 15 years ago that, “If we had computers that knew everything there was to know about things—using data they gathered without any help from us—we would be able to track and count everything, and greatly reduce waste, loss and cost. We would know when things needed replacing, repairing or recalling, and whether they were fresh or past their best.”  We are a lot closer to that reality now than when Mr. Ashton first wrote those words. As most people know by now, the Internet of Things is the ever-more-present future in which everyday objects …

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The Case of the Monkey Selfie

Here’s the story: back in 2011, this monkey gets hold of a photographer’s camera (there are multiple versions of how the monkey actually got the camera, so we will just state the fact we do know for certain – it ended up with the camera) and starts snapping pics of itself. The owner of the camera, David Slater, claims a copyright in the resulting photos and demands that Wikipedia take them down. So, who owns the pic? The owner of the camera, or the photographer (regardless of species) who actually took the picture? Copyright 101 – the creator of the …

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