In general, ransomware is a type of malware (i.e., malicious software) that is designed to take control of an electronic communication device, prevent its owner from accessing the electronic communication device, notify its owner that the electronic communication device has been held ransom, demand payment from the owner, and return access to electronic communication device after payment. There have been many instances of ransomware attacks when the hackers have taken control of a company’s servers and prevented its employees from accessing the network and database servers. The hackers would notify the employees by email and demand payment of funds in order to return access to their computers. Now, in some instances, a payment was necessary, but in some exceptional cases the company owners can have an advantage over the hackers and not be required to transfer the funds.

There are several types of ransomware. First, there are applications that fall under the category of scareware and intended to create fear for the recipients and force them to purchase unnecessary software. Second, there is prankware which is intended to cause fear by sending unanticipated pictures, sounds, or videos. For example, NightMare was a type of prankware that would remain dormant on the recipient’s computer and launch itself by changing the computer screen to a skull and playing a loud noise. Third, there is a group of crypto-ransomware named as GPCode or PGPCoder that claims to use PGP encryption to prevent file access. So, in other words, it’s a virus that encrypts files on the infected computer and demands a ransom to release access to the encrypted files. The hackers have been able to become more effective with their tools. The new generation of this type of ransomware denies user access to files by writing encrypted files to a new location and deleting the original file. However, this strategy was ineffective since a file restoration would allow the victim to recover the files. Fourth, CryptoLocker became the new generation of ransomware. It shares similar distribution models of previous ransomware variants and relied on phishing attacks with portable executable attachments. It would install itself on the user’s profile folder and add a registry key to run on startup to maintain persistence. Then, it would start to communicate with the command and control server to generate an RSA-2048 key pair and send the public key to the victim host.

What are the relevant laws?

Cloud computing has become the normal protocol to store data for most individuals and businesses. The fact that online storage is cheaper these days has contributed to the expansion of this technology. There are numerous companies out there that provide cloud storage facilities which may be inside or outside of your jurisdiction. Now, the question is why is that important at all? Well, the answer is because the laws of each jurisdiction may be different when it comes to interstate commerce and cybersecurity. This is one good reason to make sure you read and understand the cloud service provider’s terms and conditions before you sign up. There will be provisions that can help you understand your rights and responsibilities. For example, where and how the parties can resolve their disputes? Also, the laws of which state will be used to resolve the dispute? The answers will be in the venue, choice of law, or governing law provisions. In some cases, the cloud service provider includes an arbitration clause which requires the parties to resolve their dispute through arbitration.

There are various cloud computing platforms that allow the users to send and receive information. So, obviously the users should use precautions when transferring data towards the cloud service provider. For example, it’s recommended to encrypt the data before transferring it. Also, it’s a good idea to confirm that data integrity will be protected after the transfer. The users should also have a functioning backup of their files in a safe place in case the data is lost, stolen, or destroyed.

The Privacy Shield Program applies to cloud computing platforms that do business with other countries – e.g., European Commission, Switzerland. This program is administered by the International Trade Administration (ITA) within the U.S. Department of Commerce and enables U.S.-based organizations to join the Privacy Shield Frameworks. For example, a U.S.-based organization must self-certify to the Department of Commerce and commit to the Framework’s requirements. It’s not mandatory to join the Privacy Shield Program, but once the organization makes the public commitment to comply with the Framework’s requirements, the commitment will become legally enforceable. The participating organization will receive the following benefits:

The question is whether you can copyright computer programs and videogames. The Copyright Act was amended to expressly include the right to register computer programs and videogames.

What is a computer program and how can you copyright it?

A computer program is a set of statements or instructions to be used in a computer to provide a result. See 17 U.S.C. § 101; Stern Electronics, Inc. v. Kaufman, 669 F.2d 852, 855 (2d. Cir. 1982). Copyright protection extends to the copyrightable expressions embodied in the computer program. Computer programs are classified as literary works for the purposes of copyright. See Whelan Associates v. Jaslow Dental Laboratory, 797 F.2d 1222, 1234 (3d Cir. 1986). Also, copyright laws do not protect the functional aspects of a computer program (e.g., algorithms, formatting, functions, logic, system designs).

Part I: DMV Sale of Personal Information



The copyright application process is three parts: (1) application form; (2) nonrefundable filing fee; and (3) a nonreturnable deposit of the work’s copy. In general, the copyright owner should submit a separate application for each work. However, the following exceptions apply for registering multiple works in one application:

  1. Collective Works: When a number of separate and independent contributions are assembled into a collective whole;
  2. Group Registrations: When multiple unpublished works, serials, newspapers, newsletters, contributions to periodicals, photographs, database updates, or secure test items meet registration requirements in one application;

Quantum computing technology will be affecting most of us in a direct or indirect way. We have stated in a prior article that: “A quantum computer is a highly-advanced computer system that works exponentially faster than today’s conventional computers. Quantum computing is the practice of studying quantum computers and their potential. This practice is growing and has caused the rapid decrease in the size of computers at the same time as these systems are rapidly increasing in their capability.”

Now, quantum computing has become a reality and technology companies have launched projects in order to compete in this sector. The question is how quantum computers will affect us.

First, since quantum computers are faster than conventional computers, they can break passwords or decrypt encryptions in a shorter time. This has caused concern over privacy and security which has forced companies to invest in quantum resistant cryptography. This technology and its potential ramifications on encrypted networks will also affect EU’s General Data Protection Regulation (GDPR) which outlines the rules and regulations for protecting unauthorized access. The United States government has also reacted and Congress has passed H.R. 6227 in order to implement the National Quantum Initiative Act that states as follows:

The basic rules for commercial emails should be known by all business organizations. They should include having proper identifiers, opt-out mechanisms, and a valid mailing address in all commercial emails. In fact, the CAN-SPAM Act states that the senders of commercial emails will be acting legally if:

1) The header of the commercial email (indicating the sending source, destination and routing information) doesn’t contain materially false or materially misleading information;

2) The subject line doesn’t contain deceptive information;



What are the legal remedies?

There have been cases where spammers have transmitted spam via email and text messages. These messages can include improper content, propaganda, hidden messages, and malware (e.g., virus, trojan, ransomware, adware, spyware). The spammers use the Internet Service Provider’s and user’s bandwidth to disseminate spam which results in bandwidth saturation, lost productivity, and other complications.

What is spam?

Spam is unsolicited commercial email advertisement that is sent towards recipients by third parties. An “unsolicited commercial email advertisement” means a commercial email advertisement that: (1) The recipient has not provided direct consent to receive advertisements from the advertiser; and (2) The recipient does not have a preexisting or current business relationship with the advertiser.

Both California and the federal government have enacted statutes that regulate arbitration agreements and awards. The Federal Arbitration Act (FAA) and California Arbitration Act (CAA) are similar in many aspects but they have differences that can sometimes lead to conflict. Other state and federal statutes can also conflict with the FAA. Under the Federal Preemption Doctrine, provisions of state law that directly conflict with a federal statute are invalid or unenforceable. The U.S. Supreme Court has issued several rulings in recent years about preemption of state laws, and even other federal laws, by the FAA. The Supreme Court has also identified situations in which the CAA can apply instead of the FAA.

Federal Preemption Doctrine

The Supremacy Clause, found in Article VI, clause 2 of the U.S. Constitution, states that federal law is “the supreme Law of the Land.” The preemption doctrine is intended to guide courts in determining when federal law supersedes state law. In a 2009 decision, Wyeth v. Levine, the Supreme Court expressed its “assumption” that preemption would not occur “unless that was the clear and manifest purpose of Congress.” Whether the court has always strictly held to this principle is a matter of some disagreement.

The U.S. Supreme Court Finds Preemption by the FAA

In 2017, the Supreme Court decided Kindred Nursing Centers Ltd. v. Clark, which involved a challenge to mandatory arbitration clauses signed by individuals with powers of attorney on behalf of elderly nursing home residents in Kentucky. Under Kentucky law, according to the Supreme Court, “the rights of access to the courts and trial by jury [is considered] to be ‘sacred’ and ‘inviolate.’” State courts ruled the arbitration agreements to be invalid. The Supreme Court found the state court rulings to be invalid under § 2 of the FAA, which states that arbitration agreements are only subject to challenge under “such grounds as exist at law or in equity for the revocation of any contract.”
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