MD Identity Theft Task Force Issues Report

The Maryland Task Force to study Identity Theft recent published it's report. Over 230 pages, the report recommends, among other things, that the penalties for felony identity theft be increased, that the State ban credit card skimming devices, and that the State should enact legislation to enable a court to order the forfeiture of all property of a criminal convicted of identity theft obtained from the crime.

EDD In Criminal Investigations

The DOJ's publication, "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations," provides a comprehensive guide to the legal issues that arise when federal law enforcement agents search and seize computers during criminal investigations. Topics covered include the Electronic Communications Privacy Act, workplace privacy, and the law of electronic surveillance.

EDD Opinions By Judge Grimm

In the past few years, Judge Paul W. Grimm of the US District Court in Maryland has issued a couple of groundbreaking electronic discovery opinions: Lorraine v. Markel American Insurance Company (DMd May 4, 2007) and Hopson v. Mayor and City Council of Baltimore (D.Md.2005). For more on Lorraine see here and here. For a summary of the Hopson decision see here. Judge Grimm has also authored a Suggested Protocol For Discovery of Electronically Stored Information discussed in an earlier post.

Sears Sued For Failing To Adequately Protect Website

This Washington Post article reports on a class action suit against Sears for failing to adequately secure the personal information on its website managemyhome.com. The site's security vulnerabilities came to light after Ben Edelman pointed out the ease with which anyone could access the purchase history of the site's users. See here for a copy of the Complaint filed in Cook County, Illinois.

Google Not Required To Disclose Identity of Blogger

Google has no obligation to disclose the identity of a blogger who used Blogger.com to allegedly defame a Long Island school board member. Judge Marcy S. Friedman of the New York County Supreme Court called the blogger's statements opinions rather than actionable statements of fact. As such, there is no case for defamation and Google has no obligation to turn over the records. Greenbaum v. Google Inc. (N.Y. Sup. Ct., N.Y. County Oct. 23, 2007).

Security Breach Laws

The National Conference of State Legislatures site contains a list of all state security breach notification laws. The Maryland Statute (Commercial Law 14-3501 et. seq.) was recently amended by SB 194 which went into effect Jan. 1 of '08.

Maryland Computer Services Tax

In a special session, the Maryland legislature recently increased taxes for the first time since 1977. Included in the tax bill is a special tax on computer services. Although critics vow to get the bill repealed, barring any actions by the courts or legislature, the bill is scheduled to go into effect July 1. The bill is Section 3 (p. 24) of Senate Bill 2.