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When it comes to technology, justice is increasingly out of reach!

No one who is practicing today had a cybersecurity class in law school.

Cyber, Data and Privacy questions lie at the core of numerous corporate and government cases, and there aren’t anywhere near enough practicing lawyers who can adequately understand the complex issues involved, let alone who can sufficiently explain them in court or advise investigators on how to build a successful case. Few of the 93 U.S. attorney’s offices around the nation have federal prosecutors who specialize in cyber-cases, even though cybercrime now touches every corner of the country. “Most lawyers are pretty deathly afraid of code. They don’t even have a working knowledge — what an algorithm is, what a DDOS attack does, how a botnet operates.

Government attorneys frequently confuse content and metadata, even though the two types of information face very different legal standards. One possible reason: The Justice Department’s decade-old Electronic Surveillance Manual is incorrect about the basic mechanics of how email works, according to a forthcoming article in the Harvard Journal of Law & Technology.

Senate Judiciary Committee’s subcommittee on privacy, technology and the law, doesn't have a pipeline of lawyers who can read code. The knowledge base of the government’s lawyers is still badly lacking, particularly when it comes to marrying legal and technological tools,

Lawyers do not have technical backgrounds. This situation is stymieing criminal investigations, upending innocents’ lives and making it harder to set legal boundaries around mass-surveillance programs.
The judge concluded, either the FBI or the prosecutors hadn’t understood exactly how their own “network investigative technique” worked, or they’d failed to explain it correctly in the courtroom. What’s more, the judge who issued the original warrant didn’t have the jurisdiction to do so, because the “network investigative technique,” a piece of FBI-designed malware that sniffed out people trading illegal files, collected evidence far beyond the bounds of the Virginia district where the warrant was authorized.

The fallout from Edward Snowden’s revelations exposed numerous instances in which agency lawyers miscommunicated to courts about what the government was doing. There are two possible explanations: Either they willfully exploited judges’ lack of technical knowledge, or the lawyers themselves couldn’t fathom the programs they were trying to explain. In a 2009 case that became public in 2013, NSA Director Keith Alexander admitted that none of the lawyers overseeing one surveillance program grasped what it was doing when it queried a particular agency database: “It appears there was never a complete understanding among the key personnel . . . regarding what each individual meant by the terminology used.” In a 2011 suit, Judge John Bates of the secret Foreign Intelligence Surveillance Court wrote an angry (and heavily redacted) 85-page decision saying he was “troubled” that the case marked “the third instance in less than three years in which the government has disclosed a substantial misrepresentation regarding the scope of a major collection program.” And in yet another case, Solicitor General Donald B. Verrilli Jr. found in 2013 that he’d misled the Supreme Court about how the Justice Department was using evidence derived from warrantless surveillance programs targeting foreigners, an error that led to a months-long internal debate as Verrilli questioned the department’s interpretation of the law.

LAWSUITS ARE COMING 9 out of 10 people have no idea what companies do with the personal inforamtion the firms hold about them.

THE EXPERTS legendary experts ♫★♪♥♫★♪

  • @spacerog, L0pht, Hacker News Network @Stake

  • Gregg Housh one of the founders of Annonymous
  • Marcus Ranum - Tenable Marcus Ranum @Tennable
    Marcus J. Ranum, is a computer and network security researcher. He is credited with a number of innovations in firewalls, including building the first Internet email server for the domain, and intrusion detection systems. He has held technical and leadership positions with a number of computer security companies, and is a Faculty member of the Institute for Applied Network Security.
  • The List includes @hdmoore @dakami @thedarktangent
  • The Risks Digest - Peter G. Nwumann

White Hat Definition

White Hats "SCIF," or Sensitive Compartmented Information Facility. Internet-enabled devices are forbidden there, which, as it turns out, isn’t a bad thing. Rob Bagnall CEO of Maverick-Security, LLC


EFF Farewell From Shari Steele 3/30/15
Today is the start of my last week as an employee of the Electronic Frontier Foundation.  I will be leaving after nearly 15 years as EFF's President and Executive Director, having started as a Staff Attorney back in 1992.  As I wrap up things here, I've been thinking a lot about where we've been and where we are now, and I thought it would be fun to share some of my reflections in a final blog post. EFF was founded in July of 1990 in response to a series of raids on small bulletin board systems (BBSs) that were believed to have received a stolen electronic document.  John Perry Barlow does a fantastic job of explaining that early history, so I won't go into that here.  But EFF is turning 25 this summer, so keep your eyes open for lots of upcoming celebrations.

Brian Martin, a computer security professional who, under his handle "Jericho" is a founding member of, a popular computer security web site that has as its mission (he calls it a "crusade") "to expose industry frauds and inform the public about incorrect information in computer security articles."

Cris Thomas @Tenable

Gene Spafford

Bruce Schneier

Phil Agre

Anonymous the Hero of the American People.

Jim Warren

Peter Neumann

Jim Christy dod cyber crime response team.

Women Security Experts

Dr. Jean Camp will join the faculty of the Kennedy School of Government as Assistant Professor of Public Policy for Information Technology on November. She is currently a Senior Member of the Technical Staff at Sandia National Laboratories. She completed her Ph.D. in Engineering & Public Policy (EPP) at Carnegie Mellon University in August of 1996, where her work focused on electronic commerce. She has worked to develop policies in the areas of cryptography, speech, and computer crime with the Institute of Electrical and Electronics Engineers - United States Activities (IEEE-USA) and USACM since 1992 and 1996, respectively.


Title: U.S. Report Weighs Impact of E-Commerce

Source: New York Times (CyberTimes) 4/16/98
Issue: Electronic Commerce
Description: Information technology is growing twice as fast as the overall economy according to a new study from the Department of Commerce. The study also finds: Internet traffic has doubled every 100 days; Internet commerce among business will likely surpass $300 billion by 2002; in just 4 years, the Internet has surpassed 50 million users -- for radio it took 38 years, for TV 13 years; in 1994, 3 million people were connected to the Internet -- by the end of 1997, 100 million were using it; inflation would have ben 3.1% in 1997 without information technology (total inflation in '97 was 2%); and information technology industry workers earn an average of $46,000 compared to an average of $28,000 for the private sector overall. The report recommends that governments stay out of the growing industry.


2011 Video

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