Massachusetts High Court Holds Suspect Can Be Compelled to Unlock Smart Phone

By Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor LLP   The highest court of Massachusetts recently held that a suspect can be compelled to enter his passcode to unlock and decrypt his cell phone where the government showed the suspect’s knowledge of the passcode was a foregone conclusion.   In Commonwealth v. Jones,
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Police Can’t Force You to Unlock Your Phone with Finger or Face, Judge Rules

By Jeffrey A. Franklin, Prince Law Offices P.C. On January 10, 2019, a federal magistrate judge limited law enforcement’s requests to utilize biometric features, e.g., finger, facial or iris recognition, to unlock smartphones or computers that may be found at a residence during a search. The ruling came In the Matter of the Search of
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Is Your Cyber Insurance Policy Worth the Paper It’s Printed On?

By Jeffrey A. Franklin, Prince Law Offices P.C. Cyber insurance policies are now standard procedure for companies seeking to shift some risk in case of malware attacks and cyber hacks. In a test of the developing cyber insurance industry, Zurich America Insurance Company is reportedly refusing to pay out a $100 million claim from consumer
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Kaspersky Lab Inc., and the Assessment of Cybersecurity Risk

By Peter F. Johnson, Superior Court of Pennsylvania Late last month, the United States Court of Appeals for the District of Columbia filed its decision in Kaspersky Lab, Inc. v. United States Department of Homeland Security, 18-5176, 2018 WL 6252798 (D.C. Cir. Nov. 30, 2018), upholding a congressional prohibition on the use of Kaspersky Lab
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