- Lawyer -Private Practice | SANS Instructor: Law of Data Security & Investigations | Author: Law of E-Commerce | Blogs: BYOD, Bitcoin, Cyber-attacks, Digital ForensicsLawyer, presentContracts, policies, training and public communications in regards to risk and compliance in technology law around the world.
Benjamin Wright is an attorney in private practice. He helps others navigate the law of data compliance, including privacy, outsourcing, IT security, online investigations and forensic investigations. He teaches e-discovery, BYOD, cryptocurrency and data protection law for SANS Institute.
Mr. Wright has published hundreds of blog posts on technology law. Search them.
Mr. Wright is spotlighted in the book The Devil Inside the Beltway for his uncommonly insightful advice to LabMD in its now famous information security law dispute.
To email Mr. Wright, please send to ben_wright at compuserve dot com; put "BLOG" in subject line.
Speaker and Author
Mr Wright is a frequent public speaker at professional groups like state CPA societies and local ISACA chapters. As author of technology law books such as Law of Electronic Commerce, he blogs on electronic data, records, security and social media law, and he spots trends, such as the rise of big data as a tool for legal investigations.
Mr. Wright is an editor for compliance topics at SANS Institute's Securing The Human program.
Texas Bar Association publishes an attorney profile on Mr. Wright.
Mr. Wright mentors students at SMU's Lyle School of Engineering. He is a member of the Pennsylvania College of Technology Advisory Committee for the Information Assurance and Cyber Security Degree.
IMPORTANT: No public comment by Mr. Wright (blog, book, tweet, video, update, speech, article, podcast or the like) is legal or other professional advice. If you need legal advice, you should hire and consult a lawyer.
Mr. Wright's public statements are offered as-is, with no warranty of accuracy or reliability. Mr. Wright sometimes revises his published ideas. If you use the ideas, you do so at your own risk.
Public Education and Discussion
Mr. Wright's blogs, tweets, videos, web comments, web courses and the like are intended to promote public education and discussion. They are not intended to advertise or solicit legal services. They constitute part of the online update service for the book Law of Electronic Commerce. Originally released 1991, and revised continually since then, the book is published by Wolters Kluwer.
Mr. Wright strives to comply with all applicable laws. He does not have and never has had intention to infringe the rights of anyone. If any person has any information, suspicion or belief that Mr. Wright has done anything illegal or unethical, he asks that person promptly to (a) notify him at 1.214.403.6642 (b) comment publicly on his blogs or pages that he is wrong. Promptness helps mitigate damage.
Any person accessing Mr. Wright's blogs, tweets, profiles, comments, web pages or other public activities or statements agrees not to use data from them in a way that is adverse to Mr. Wright's interests.
Forming an Attorney-Client Relationship
Mr. Wright does not have an attorney-client relationship with any person unless and until he and that person explicitly, formally agree that the relationship is being formed. Interaction with Mr. Wright through public media does not create an attorney-client relationship. Exchange of private messages with Mr. Wright does not, by itself, create an attorney-client relationship.
Some people provide Mr. Wright private information. Mr. Wright strives to treat such information reasonably according to the circumstances. People should have no more than reasonable expectations about information security. It is unreasonable to expect that the offices, computers, cell phones, brief cases, filing cabinets and online or other services used by Mr. Wright are very secure.
IMPORTANT Confidentiality Notice
Benjamin Wright is licensed as an attorney. Some of Mr. Wright's non-public records stored in the cloud are confidential and subject to protections associated with attorney work and communications. The laws of many countries recognize such protections. Mr. Wright insists that you recognize those protections with respect to his records and communication.
The only person responsible for Mr. Wright's words is Mr. Wright.
Mr. Wright has earned money from some organizations he mentions online, such as Messaging Architects/Netmail, SANS Institute and LabMD.
Some images, sounds and font output associated with Wright's work and comments are copyrighted by Corel Corporation or its licensors or partners like iStockphoto; they reserve all their rights. Some images are declared on wikimedia to be public domain. Mr. Wright strives to respect IP rights, but sometimes technology behaves in surprising ways. If you are an IP owner and you have a problem with something published by Mr. Wright, please telephone him promptly. Trademarks are property of their respective owners.
Dallas, Texas. Tel: +1.214.403.6642
- Georgetown University Law (J.D. 1984)Law, 1981 - 1984
- Trinity UniversityEnglish, 1978 - 1981
- Data Law Blog (current)
- Cyber Investigation Evidence (current)
- Electronic Records blog (current)
- Forensic Investigation blog (current)
- Security & Investigations Training (current)
- Crowdfunding Law Blog (current)
- SANS Technology Institute (current)
- SANS Institute (current)
- Preserving Cyber Evidence (current)
- Cyber Forensics (current)
- Telemedicine Law (current)
- Data Security Breach Investigation (current)
- 1990s Electronic Commerce Law (current)
- Electronic Signature Law 2000 (current)
- Online Privacy History (current)
- Digital Evidence Law (current)
- Digital Signature Law History (current)
- The Law of Electronic Commerce, book (current)
- Data Protection Law 2004 (current)
- Internet Safety (current)
- SANS Survey of Digital Forensics #DFIR (current)
- Electronic Signature Law 1990s (current)
Public relations is more important to legal controversies than many lawyers and non-lawyers appreciate.
Home Depot is today in legal jeopardy because it has announced what appears to be a large breach of payment card data.
The Home Depot predicament fits into a historical context. Many major data breaches have happened before today, including TJX, Target and Sony Playstation Network.
Home Depot faces many difficult choices in the coming weeks. HD’s statements to the public about this breach will affect the company’s
* legal liability
* relationship with customers
* support or hostility from payment card issuers
* punishment from regulators
As explained in the blog post below, the SANS Institute offers unique professional training on this topic. The SANS course emphasizes the role of public communications in coping with infosec legal and reputation risk.
#homedepotbreach #dfir #databreach
Augmented reality ... virtual reality ... mixed reality ... all of these technologies can give an official such as a health inspector access to evidence that has legal or accounting value. How should the inspector record this evidence so the record can be used in court? I offer suggestions in the blog post (with video) below. Comments invited!
Data from modern motor vehicles is a treasure trove of legal evidence. Private investigators, tax auditors, insurance adjusters and divorce lawyers are just starting to recognize the opportunities.
State national guard units are best known for responding to natural disasters like hurricanes. They are now starting to respond to cyber attacks, such as recent online disruption and vandalism directed by "Anonymous" against the City of Flint, Michigan.
The laws governing National Guard are complex, and NG lawyers (known as "JAGs") have little experience interpreting those laws for digital emergencies. We at the SANS Institute, including have been helping to train NG, including JAGs about Cyber Defense.
The developers of virtual reality products will want to control the legal relationship they have with users. Developers want to avoid lawsuits filed by users, but also want the power to use lawsuits to enforce rules and fees against users.
Today it is common for official investigators like police officers to record evidence from the web, which then might be used in a court of law. Soon they will need to be capturing evidence from augmented reality. I have demonstrated some ideas in the blog post below. What do you think?
See November 2015 ruling by Administrative Law Judge Michael Chappell, FTC v. LabMD: Federal Trade Commission may not bring an enforcement action against a medical laboratory for failing to have reasonable computer security for consumer data. The reason is that the Commission lacked evidence to show that the laboratory's gaps in security posed a substantial risk of injury to consumers. The judge concluded that the Commission had only shown the possibility of injury, and that was not enough.
Originally, the Commission had believed the laboratory had suffered a breach of data security. However, the evidence showed there was no breach. Although the laboratory's security may not have been perfect, the evidence did not show that shortcomings in security posed a substantial risk of injury to consumers.
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