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  • Notes from a Michigan Homeland Security Consortium Town Hall Meeting

    On March 24, 2009, the Michigan Homeland Security Consortium hosted a panel discussion addressing Data Privacy. The panel comprised experts in the fields of encryption, law, and forensics. While the business leaders in attendance worked in different fields, they were united in their concern for the security of their core information assets.

  • Invincibility vs Vulnerability

    Sun Tzu's "The Art of War" offers insights into military strategy that are applicable to information security. Two salient concepts discussed in his treatise are invincibility and vulnerability. While the former exists can acted upon, the latter relies on the actions of the opponent.

  • Business Case-driven IT Security Spending

    In a "Do more with less" world, we have to take a closer look at the effectiveness of our current InfoSec investments. This installment offers some ideas on how information professionals can contribute.

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  • Back to Basics - Back to Ethics

    What happened in Washington DC (city) government under Yusuf Acar as CSO over the past few years? Almost everyone involved in government technology in the nation, along with a few others in the FBI, want to find out the answer to that question. What we do know is that Vivek Kundra, President's Obama's brand-new, first ever, federal CIO has taken a leave of absence. Could this very talented leader be in serious trouble? This blogger hopes not. But one lesson is already clear - Web 2.0, Government 2.0, Cloud Computing, or any other techno-savvy change must be built on a foundation of rock solid professional cyber ethics.

  • Prevalent Plagiarism

    Excuses for plagiarism don't surprise people anymore. If a high school junior proclaimed, "I did it because my hard drive crashed," most would shrug it off as a young mistake and tell them to not let it happen again. But what about plagiarism from well-known scientists? Harold Garner, an expert on scientific plagiarism, said, "It's just too easy to cut and paste these days." What's going on here?

  • The Role of Bloggers in the New Economy

    The new OMB director starts a blog while news organizations world-wide announce layoffs. What's going on? Is this the new normal? As the world recession deepens, the traditional role played by reporters continues to change. News organizations around the world are in financial trouble, and there are far fewer reporters. Oftentimes, remaining staff are asked to stay home for weeks without pay. Meanwhile, the number of bloggers continue to grow, as content moves online. Whether this is a good or bad development depends on your viewpoint. What is not in doubt - this trend is impacting government information flow, security and risk. Here's why.

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  • Essentials of Non-Disclosure Agreements

    Following on with our discussion of best contracting practices, this week we discuss the essential elements of non-disclosure agreements (NDAs). NDAs are used in several situations. Most notably, NDAs are used at the inception of a relationship to ensure confidential information disclosed in anticipation of a potential business relationship is adequately protected. If the parties decide to enter into a final contract, say a professional services agreement, following their initial discussions, the NDA would be replaced by the confidentiality provisions of the final agreement. In the foregoing example, an NDA is used as an interim agreement to ensure initial discussions are protected by written confidentiality obligations, but the NDA is not intended or designed to be used on an ongoing basis. Rather, the parties contemplate the NDA will "sunset" when they ultimately sign a final agreement to govern their relationship (e.g., a master license agreement, ASP agreement, professional services agreement, etc.).

  • Minimizing Risks Associated With Residual Data on Hardware

    In just the past week, two embarrassing data compromises were widely publicized. Those compromises resulted from a failure to adequately scrub old hardware (e.g., laptops, Blackberries, and USB drives) of residual data. Given the currency of this issue, I thought it appropriate to take a slight detour from my current series of postings on contract issues to present some sample contract language to address this problem.

  • Letters of Intent and Memoranda of Understanding

    Continuing our discussion of best contracting practices, today we discuss letters of intent (“LOIs”) and memoranda of understanding (“MOUs”). Businesses use these types of documents to summarize the terms of a proposed transaction to guide contract negotiations. The idea is to ensure both parties have alignment on the key business issues before moving forward with negotiation of a final agreement. The idea is a good one, but the execution is frequently flawed.

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