News & Analysis as of

Technology Encryption

Sheppard Mullin Richter & Hampton LLP

From CFIUS, With Love: The FIRRMA Regulations

The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more

ArentFox Schiff

ITAR Defense Controls Catches Up to Modern IT, Allowing Exporters to Use Encryption to Protect Defense Technology on the Cloud

ArentFox Schiff on

The good news is that, for the most part, State resisted the temptation to do something just a little different in the ITAR regulation, so the joint Commerce-State solution works. The chart below provides a quick side-by-side...more

WilmerHale

DOJ Tells Tech Companies to Develop "Responsible Encryption"

WilmerHale on

On November 29, 2018, in a speech at the Georgetown University Law School, Deputy Attorney General Rod Rosenstein renewed his call for tech companies to build into their products the means for law enforcement to legally...more

Proskauer - Blockchain and the Law

Blockchain as a Content Distribution Technology: Copyright Issues Abound

Content owners and their attorneys have been enthusiastically anticipating the use of blockchain as a mechanism for royalty accounting, recording the chain of title of intellectual property interests, and protecting, tracking...more

Robinson+Cole Data Privacy + Security Insider

Third Circuit Holds Criminal Defendant in Contempt for Refusing to Decrypt Hard Drives

In a precedential ruling, the Third Circuit Court of Appeals this week upheld a lower court’s ruling holding a criminal defendant in contempt for refusing to decrypt two external hard drives that were seized during a child...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Implements Regulation Changes for Encryption Products, Software and Technology

On September 20, 2016, the Bureau of Industry and Security (BIS) of the U.S. Commerce Department amended the Export Administration Regulations (EAR) and the list of goods, software and technology that are controlled under the...more

Troutman Pepper

Music and the Blockchain

Troutman Pepper on

The promise of blockchain technology for the music industry is its ability to solve the problem of “shared facts” and to provide transparency in real time or near-real time. Advancing digital technology has created new...more

Seyfarth Shaw LLP

The Patentability of Encryption Inventions

Seyfarth Shaw LLP on

Encryption seems to be in the news quite a bit lately. Electronic retailers and government organizations have become targets of computer hackers across the globe, attacking their servers and obtaining sensitive information...more

Wilson Sonsini Goodrich & Rosati

Proposed Rule to Subject Certain Cybersecurity Items to Greater Export Restrictions

The U.S. Department of Commerce Bureau of Industry and Security (BIS) recently published a proposed rule enhancing controls on certain cybersecurity items under the Export Administration Regulations (EAR). Specifically, the...more

Robinson & Cole LLP

FINRA settles data breach enforcement action

Robinson & Cole LLP on

The Financial Industry Regulatory Authority (FINRA) agreed to settle its enforcement action with Sterne Agee & Leach, Inc. (Sterne) this week for $225,000. The enforcement action followed the loss of an unencrypted laptop by...more

McNees Wallace & Nurick LLC

Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in...more

Latham & Watkins LLP

5 Compliance “Hot Spots” for Technology Companies Under Export Controls and Sanctions Laws

Latham & Watkins LLP on

Increasingly interconnected global businesses need to focus on how export controls and trade sanctions can affect their cross-border activities in unexpected ways. For decades, the US Government has used trade...more

Goodwin

Software Companies Now on Notice That Encryption Exports May Be Treated More Seriously: $750,000 Fine Against Intel Subsidiary

Goodwin on

The Bureau of Industry and Security (BIS) recently issued a $750,000 fine against an Intel subsidiary for the unlawful exportation of software products that enable encryption. This is a sharp departure from BIS’s historical...more

Cohen & Gresser LLP

Emerging Technologies Push the Boundaries of Privacy Law

Cohen & Gresser LLP on

As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more

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