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Archive for November, 2016

DOJ Responds to Rule 41 Criticisms

Over the past several weeks, this site has commented on the extensive debate over proposed amendments to Rule 41 of the Federal Rules of Criminal Procedure.  A summary of the changes and commentary can be found here. The amendments are set to take effect later this week on December 1.  A proposal in Congress is […]

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Cyber Round Up: New Cyber Incident Notification Guidelines; NIST Addresses IoT Connectivity (Full Reports Included)

US-CERT Updates Cybersecurity Incident Notification Guidelines (Health IT Security):  The US Computer Emergency Readiness Team has announced new guidelines that will go into effect on April 1, 2017. The guidelines apply to all government entities at the federal, state and local levels, the article said.  The court defined an incident as something that “actually or imminently […]

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Cyber Round Up: Trump’s National Security Pick a Cybersecurity Hawk; McCain calls for Cyber Committee; Three Mobile Hack exposes six million

Trump’s national security pick is a cybersecurity hawk (PC World):  An article late last week analyzed President-elect Trump’s choice for national security adviser, Lt. Gen. Michael Flynn, and his views on cybersecurity.    The article labeled Flynn as a cybersecurity hawk and discussed his strong views on the matter. The report says that Flynn has called U.S. […]

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Nov 21st, 2016 cybersecurity, Flynn, Trump

DOD Issues New Cyber Rules for Contractors

  In addition to the Rule 41 Amendments recently discussed by this blog, the DoD has clarified cybersecurity guidelines for government contractors.  The rule requires “adequate security”, which is normally equated with the NIST standards, and also establishes a reporting requirement for any time a contractor’s networks are penetrated.   A detailed analysis of the […]

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Nov 18th, 2016 cybersecurity

CRS Insight Justice Department’s Role in Cyber Incident Response

Justice Department’s Role in Cyber Incident Response (CRS Insight): in this article, Kristin Finklea discusses the role of the justice department in the context of cyber incident response.  The article indicates that criminals and malefeasors are continuing to turn to and leverage the internet in the context of criminal activities.  This raises a number of […]

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Cyber Round Up: Cyber key in lame duck Congress; OMB tries to define cyber incident;

In The Lame Duck, How Congress Makes Cybersecurity A Non-Partisan Priority (Forbes):   Cybersecurity could be a major legislative focus of the lame duck Congress, a recent report suggests.   The article says that the long series of recent events has Congress scrambling, mostly in the form of proposed amendments to the National Defense Authorization Act.   […]

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Nov 16th, 2016 cybersecurity, Trump

Cyber Round Up: Testimony Before US House of Representatives Joint Hearing “Understanding the Role of Connected Devices in Recent Cyber Attacks”

This round up includes links to testimony provided by technology professionals in advance of the Congressional Hearing on the security of the Internet of Things (“IoT”) scheduled for November 16, 2016.                                 Common Background: In October, there was a widespread distributed […]

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Opinion: Bruce Schneier “Understanding the Role of Connected Devices in Recent Cyber Attacks”

Testimony Before US House of Representatives Joint Hearing “Understanding the Role of Connected Devices in Recent Cyber Attacks” This post specifically discusses testimony provided by Bruce Schneier in advance of the Congressional Hearing on the security of the Internet of Things (“IoT”) scheduled for November 16, 2016.   Common Background: In October, there was a widespread distributed […]

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Tort Liability for Buggy Software

Effectively there is no liability for manufacturers of buggy software.  This is not, however, due to a special exemption in the law enacted to ban software liability.  There is a special exemption to liability enacted by Congress for interactive computer services, and sometimes that overlaps with software.  Generally, however, the reason you can’t sue software […]

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Rule 41 Amendments– Why There’s No Reason to Panic

UPDATE (11/18/16):   A report from The Hill earlier today discussed a proposed bill that would delay the changes discussed below.   The changes are set to take effect on December 1, 2016.   The Review the Rule Act, which according to the article has bipartisan support, would delay the effective date of the Rule 41 […]

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Authors

Untitled Document
Professor William Snyder

Professor William C. Snyderis a member of the faculty of the Institute for National Security and Counter-terrorism at Syracuse University after fifteen years with the United States Department of Justice.

Ryan D. White

Ryan D. WhiteRyan is currently a third year law student at Syracuse University College of Law, and is also pursuing a Master of Public Administration degree from Syracuse’s Maxwell School of Citizenship and Public Affairs. Ryan spent time with Homeland Security Investigations while pursuing his undergraduate degree at Wesleyan University, and spent his first summer of law school as clerk for the U.S. Attorney’s Office in the Western District of New York. He is a member of Syracuse Law Review, the Journal on Terrorism and Security Analysis, and participates in the Veteran’s Legal Clinic. Full biography

Shelby E. Mann

Ryan D. WhiteShelby is a second year law student at the Syracuse University College of Law. During her final year at the University of Missouri, she served as a full-time news producer for ABC 17 News. Shelby spent her first summer of law school at the Shelby County District Attorney General's Office in Memphis, Tenn., in the Public Corruption and Economic Crimes Unit. She is a member of Syracuse Law Review, the Journal on Terrorism and Security Analysis, and the senior editor for the Syrian Accountability Project. Full biography

Christopher w. FolkChristopher W. Folk

is a 2017 graduate of SU College of Law. A non-traditional student, Christopher returned to academia after spending nearly twenty years in the high tech industry. Christopher served in the Marine Corps, graduated from Cornell University with a B.S. In Applied Economics and Business Management, attended Northeastern University’s High-Tech MBA Program and received a M.S. In Computer Information Systems. Christopher previously worked in Software Engineering. Christopher is currently serving his second term as Town Justice for the Town of Waterloo. Christopher externed with a Cybersecurity firm in the Washington, D.C. area between his first and second year at SU College of Law. Full biography

Anna Maria Castillo

Anna Maria Castillois 2016 graduate of Syracuse College of Law. She also holds a Master of Arts in International Relations from Syracuse University's Maxwell School of Citizenship and Public Affairs. She has interned at a London-based think-tank that specializes in transnational terrorism and global security and at the legal department of a defense contractor. She served as an executive editor in the Syracuse Law Review. Full biography

Jennifer A. CamilloJennifer A. Camillo

is a 2015 graduate of Syracuse College of Law and is a prosecutor. She has served as a law clerk in the United States Attorney’s Office for the Northern District of New York and the Cayuga County District Attorney’s Office and as an extern in the Oneida County District Attorney’s Office. She was a member of the Syracuse National Trial Team and was awarded the Tiffany Cup by the New York Bar Association for her trial advocacy achievements.

Tara J. PistoreseTara J. Pistorese

holds Juris Doctor and Masters of Public Administration degrees from Syracuse University's Maxwell School of Citizenship and Public Affairs and its College of Law. She wrote for this blog when a student. She is now a member of the U.S. Army Judge Advocate General's Corps.

Benjamin Zaiser

is both a scholar and a Federal Agent of the Federal Criminal Police Office of Germany. (Opinions expressed here are his own and not any part of official duty.) Full biography

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