Category Archives: Internet

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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Autonomous Vehicles: A Regulatory Perspective

The coming innovation of autonomous vehicles (i.e. self-driving cars) has been covered pretty widely in the news over the past 18-24 months.  Not long ago, the reality of autonomous vehicles was unknown to most Americans.  But it is now creeping into the consciousness of more and more Americans.  As the certainty of this new technology approaches, it is becoming clearer that it will cause massive disruption in an area of American life that is intensely regulated at every level.  If you think about it, the manufacture, distribution, sale, ownership, and operation of cars are all regulated by federal, state and …

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Cyber Security and Social Engineering: A Big Low Tech Problem

Headline-grabbing cyber hacks of email accounts belonging to celebrities, corporations, government officials and political campaigns are becoming the norm.  Cybersecurity intended to guard against these acts brings to mind high tech computer hardware and software fixes delivered by knowledgeable IT professionals, who are expected to prevent network intrusions, stolen passwords, viruses, ransomware attacks and other hacks. But the most recent notable cyber hacks were not caused by high tech espionage.  Rather, they were the product of low tech social engineering – the use of deception to manipulate users into divulging confidential passwords and other personal information.  This kind of hack …

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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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Legal Considerations for Website Privacy Policies

You finally created your website. Did you include eye-catching graphics? Check. Did you include an attention-grabbing banner slogan? Did you post all of your social media handles? Did you include a privacy policy for the website? Maybe… We get questions from clients about whether they are required to include a privacy policy and, if so, what should it say.  The answers may surprise you, but a privacy policy should definitely not be an afterthought for website owners.  It certainly isn’t a best practice to simply copy and paste the privacy policy of another’s company’s website.  The representations made in website …

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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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Ninth Circuit Reaffirms Section 230 Protections

Information Counts.  That’s the title of this blog.  And it’s an indisputable fact.  Information is – and has been for at least 20 years – the currency of our economy, providing consumers, regulators and the general public information about business, practices and events. A critical, and even indispensable, factor in the development of the information economy is Section 230 of the Communications Decency Act, which was part of the massive Telecommunications Reform Act of 1996.  That subsection provides that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided …

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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 Vehicles and the Internet of Things

This is our second post in a row regarding autonomous vehicles, otherwise referred to as driverless cars.  As we noted last week, driverless cars are no longer an idea of the future or science-fiction. Very soon they will become every commuter’s reality. Several major car companies such as Ford, Volvo, and Toyota have announced that their autonomous vehicles will be available to the mass market within five years. The belief among manufacturers is that autonomous vehicles will reduce traffic congestion, create efficiency, increase safety and save consumers money (i.e. time and fuel). Simultaneously with the development of autonomous cars – …

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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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