Authored By: Matthew S. Adams

Through his roles in both the United States military and CIA, General David Petraeus was a real life version of the captivating fictional characters that have been the protagonists in successful television shows and movies like 24, Homeland, and the 007 franchise.  General Petraeus was about as powerful as powerful can get. 

Authored By: Mark Keddis

Citation: DirecTV v. Hermann, No. 03-2214 (DMC) 2005 U.S. Dist. LEXIS 25152 (D.N.J. Oct. 24, 2005)

Employee/Employer Implicated: Direct broadcast satellite service provider (Plaintiff) and a purchaser of illegal signal-scrambling equipment (Defendant)

e-Lesson Learned: Courts will not hesitate to impose the maximum statutory damages requested by an injured broadcast satellite service provider, irrespective of actual economic loss or an inability to quantify damages, when such penalty will serve as a deterrent against similar illegal interception and decryption of satellite transmissions for the benefit of free program access.

Tweet This: NJ Court Ensures Usage of Illegal Equipment for Free Access to Satellite Television Will Cost Much More Than a Monthly Bill

DirecTV has had a tough time over the years, from battling cable television providers to continually attempting to “one-up” rival satellite television provider DISH Network.  While online streaming of television shows and movies has presented new challenges to television service providers, DirecTV has stayed afloat.  One group, however, has persistently caused headaches for broadcast satellite service providers over the years:  those who refuse to pay a penny of the $29.99 per month for DirecTV.  This group of individuals has resorted to numerous illegal means to get free access to television, including the purchase of transmission interceptor devices.  In the case of DirecTV v. Hermann, the Honorable Dennis M. Cavanaugh of the District Court for the District of New Jersey finally said “enough” and sent a message that costs much more than $29.99 per month.

Authored By: Chris Borchert

Tweet This: EXCLUSIVE: eLessons Learned Talks Cybersecurity with ABA President Laurel Bellows

PRESIDENT, AMERICAN BAR ASSOCIATION 2012 – 2013 Laurel Bellows, a principal of The Bellows Law Group, P.C. in Chicago, represents executives in the United States and internationally. Laurel is an experienced business lawyer counseling senior executives and corporations on employment matters, employment and severance agreements, executive compensation and workplace disputes. Her expertise in executive compensation matters also includes mid-level management compensation and benefit plans, and matters involving incentives, pensions, retirement and workforce restructuring. Laurel Bellows is currently president of the American Bar Association.  Her one-year term as president began at the conclusion of the ABA Annual Meeting in August 2012.

Authored By: MH

Citation: Smith v. Trusted Universal Stds. in Elec. Transactions, Inc., 2011 U.S. Dist. LEXIS 26757 (D.N.J. Mar. 15, 2011)

Employee/Employer Implicated: Internet Service Provider

e-Lesson Learned: If an email service provider blocks your outgoing email, the courts aren't going to help you out.

Tweet This: You’ve Got [NO] Mail!

In today’s society individuals are increasingly turning to the courts and the justice system to remedy every wrong.  Lawsuits are brought for any and every reason. You always hear the stories like the woman who sued a fast food restaurant for causing weight gain or McDonalds for burning them with extremely "Hot Coffee." In the present case, plaintiff sued Comcast, Microsoft, and other Internet service providers for improperly blocking his outgoing spam mail. When plaintiff first brought the lawsuit under various state law claims and federal statutory claims, the court dismissed all the claims for failure to state a claim upon which relief may be granted (12(b)(6) motion). Plaintiff then filed a second amended complaint, and again the defendants moved to dismiss the claims. The court converted the motion into a motion for summary judgment and granted the motion on defendants’ behalf.

Authored By: A.L.

Citation: White v. White, 781 A.2d 85 (N.J. Super. Ct. Ch. Div. 2001)

Employee/Employer Implicated: Husband and wife in custody matter

e-Lesson Learned: A wife’s hiring of a private investigator to search her husband’s stored e-mails on the family computer’s hard drive, without a password, does not violate the New Jersey Wiretap Act because her access was not unauthorized, and the messages were in post-transmission storage and thus could not be intercepted as a matter of law. Also, the husband had no reasonable expectation of privacy where the entire family had access to and frequently used the computer and the room where it was located.

Tweet This: The Do’s and Dont’s of “Spying” On Your Spouse During A Divorce Proceeding

Divorce can be a stressful ordeal for many couples.  It can be even more stressful when the parties continue to live in the same household during their divorce proceedings.  In White v. White, while the couple’s divorce was pending, the husband continued to live in the sunroom of the marital home.  All family members had access to this room as it was where the family computer and home entertainment center was located.  After discovering evidence of her husband’s infidelity, the wife hired a private investigator to retrieve her husband’s stored e-mails to his girlfriend from the family computer hard drive.  The court ruled that this access was not unauthorized and held that the e-mails could be introduced into evidence if relevant to the custody matter.  

Authored By: Chris Borchert

Tweet This: FBI Warns of Ransomware Scam That Freezes Your Computer Until You Pay A Fine

The FBI released a statement last week addressing a new Internet "drive-by" virus called Reveton ransomware, which operates by freezing a user's computer and displaying a notification that the user recently violated a federal crime (such as "illegal use of downloaded media" or "computer-use negligence"). The message then instructs the user to submit a payment to unlock the computer and provides an easy-to-use "pay MoneyPak" entry box right on the screen.  

Authored By: Fernando M. Pinguelo

Tweet This: FBI Warns Unsuspecting Travelers of Cyber Booby Traps Found In Hotel Internet Connections

The Internet Crime Complaint Center (IC3) issued a notice on May 8th that revealed a recent claim by the FBI and other agencies that cyber criminals are targeting travelers abroad through pop-up windows while they attempt to connect to the Internet in their hotel rooms. Specifically, as travelers attempt to setup a hotel room Internet connection through their laptop, they are presented with a pop-up window that asks to update a widely-used software product. If the user clicks “accept and install,” malicious software downloads on the travelers’ laptops. The pop-up window appears to offer a routine update to a legitimate software product for which updates are frequently available. 

Authored By: Zach Arbeitel

Employee/Employer Implicated: All business organizations and their employees who face data breach threats

e-Lesson Learned: With primarily external agents penetrating small and large businesses through data breaches, organizations need to become familiar with these cyber threats and take the right steps to prevent theft of valuable information and monetary losses.

Tweet This: A Phantom Menace: Verizon’s 2012 Data Breach Investigation’s Report

In an attempt to improve the planning and security efforts of its clients, Verizon released its annual Data Breach Investigation’s Report 2012. Conducted by the Verizon RISK Team in cooperation with the Australian Federal Police, Dutch National High Tech Crime Unit, Irish Reporting and Information Security Service, Police Central e-Crime Unit, and the United States Secret Service, the report carefully breaks down and analyzes global data breach statistics from 2011 in an attempt to recommend effective solutions designed to successfully prevent future breaches in 2012. The statistics cited in the report help illustrate how easy it can be for businesses to thwart possible data breaches, and identify which organizations are most vulnerable.   The Report analyzes 855 data breach incidents that compromised nearly 174 million records in 2011, and notes that large and small businesses alike are experiencing the second highest data loss total since Verizon’s annual report began keeping track of compromised records in 2004. The Report, which can be downloaded here, gathers its results from first-hand evidence collected during paid external forensic investigations of 765 data breach incidents.

Authored By: Frank Gonnello, Jr. and Mary-Jane Rabeony

Employee/Employer Implicated: Governments, globally, but in particular the United States; President Obama; the financial industry, as a whole

Tweet This: Cybersecurity News: Antisecurity Groups Plan Occupation of Wall St. September 17... In Real Life

What’s Going On? The hactivist group that goes by the name “Anonymous” has collaborated with the group Adbusters to organize their nonviolent protest titled “Occupy Wall Street.” On September 17, 2011, dubbed the ‘Day of Rage,’ the groups plan to gather 20,000 individuals and occupy Wall Street and protest peacefully for months until their demands are met. Numerous videos on YouTube have been posted by both groups explaining their plan, stating that “[o]n September 17, we want to see 20,000 people flood into lower Manhattan, set up tents, kitchens, peaceful barricades and occupy Wall Street for a few months. Once there, we shall incessantly repeat one simple demand in a plurality of voices.” Interestingly, the groups have not articulated exactly what their “one demand” is, except to say “we want freedom.”