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Data Breach Hits Michigan State University

News outlets across the world are reporting that a major data breach has occurred at Michigan State University. The Lansing State Journal reports that a university spokesman confirmed on Friday that about 400,000 records were affected that include names, social security numbers and Michigan State University identification numbers. Apparently, the University became aware of the data breach when it received an email that allegedly attempted to extort money. Michigan State University was quick to announce that it is offering to pay for 2 years of identity theft protection, fraud recovery, and credit monitoring for affected individuals. Unfortunately, this is a continuing trend in a world that is now dominated by news headlines that are reporting large-scale data breaches on a daily basis. Internet attorney Corey Silverstein, has been studying internet security and data breaches for his entire legal career and Silverstein Legal is your best option when it comes to internet security and data breach law. Website lawyer, Corey Silverstein and his team of internet lawyers are ready to help you prepare yourself from the legal consequences of a data breach. In the unfortunate instance that you or your business has been affected by a data breach, you need to…

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Website Attorney, Corey Silverstein Reminds You: Don’t Forget Website Terms of Use and Service

As a website attorney, one of the more frequent questions that I receive is whether Website Terms of Use and Website Terms of Service are different. In most cases the answer is no. To put it simply, a website’s Terms of Use or Terms of Service is the contract between the website operator and its user(s). The Terms of Use or Terms of Service should contain numerous legally binding provisions between a website operator and its user(s). It is also essential that a website’s Terms of Use or Terms of Service are properly implemented on a website so that the court find them enforceable. A website’s Terms of Use or Terms of Service will differ substantially from website to website, depending on the specific services or products that the relevant website is offering its users. There are far too many website operators who think that it is acceptable and sufficient to simply take someone else’s Terms of Use or Terms of Service and slap them on a website; history has taught us that the act of stealing someone else’s Terms of Use or Terms of Service is a recipe for disaster and can ultimately bind the website operator to unfavorable…

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Website Lawyer, Corey Silverstein Reminds You to Have Your Online Business Reviewed for Legal Compliance

There are far too many online business operators that are not taking legal compliance seriously enough and subjecting themselves to potential liability. A commercial website is still a business regardless of the fact that its home is the world wide web, instead of a traditional brick and mortar facility. In its October 2014 Web Server Survey, NetCraft confirmed that there are over 1 billion websites on the world wide web today. If you think that governments and enforcement agencies across the world have not taken notice of this fact, then you are kidding yourself. In the United States, federal agencies such as the Federal Trade Commission (“FTC”) are prosecuting website operators at an increasing rate with more severe penalties. State attorneys are exercising subpoena power and commencing enforcement actions more than ever before and the United States has not been shy about seizing websites that are suspected of violating applicable law. Additionally, private civil lawsuits in both the federal and state courts involving online businesses and the internet are an everyday occurrence and at all-time highs. Almost all traditional (brick and mortar) successful business operators make legal compliance a top priority and usually won’t even open their doors for business…

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Website Attorney, Corey Silverstein Weighs in on Instant Messaging Security Issues

In the past few weeks our internet lawyers have seen an exponential increase in the number of client inquiries related to instant messenger hacks. Whether you are using Skype, WhatsApp, FaceBook Messenger, ICQ or any other instant messaging tool, it is essential that you know what to do if you suspect that your account has been hacked or if you see that someone else’s account has been compromised. First things first, if you aren’t using anti-virus and anti-malware software, stop reading this post and go get both. There are plenty of excellent free options available online. (Yes, this applies to you Apple users). Secondly, do not share your passwords with anyone. Not your wife, neighbor, child, or invisible friend. Nobody. Third, make sure that your password contains a combination of upper case letters, lower cases letter, numbers and symbols. You should be avoiding passwords that include personal information such as your address, date of birth, social security number or middle name etc. Fourth, change your passwords often. Fifth, do not click on strange links that you do not recognize regardless of who the link is from. If a link looks suspicious then 99.9% of the time it is malicious in…

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Privacy Shield Framework

Say Hello to the EU-US Privacy Shield Framework

In October 2015, the European Court of Justice invalidated the International Safe Harbor Privacy Principles which were established in 2000. The Safe Harbor Privacy Principles allowed certified U.S. companies to receive personal data of EU residents in compliance with EU cross-border transfer rules. While many rejoiced the invalidation, numerous legal experts predicted that the invalidated Safe Harbor Privacy Principles would quickly be replaced. The legal experts were right. The EU-US Privacy Shield is a framework for transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. After more than two years of negotiations, on July 12, 2016, the framework was adopted by the European Commission and went into effect the same day. View the full text of the EU-US Privacy Shield framework. The U.S. Department of Commerce Secretary, Penny Pritzker and EU Justice Commissioner Věra Jourová announced the deal together in Brussels. Jourová was quick to point out that the EU-US Privacy Shield is fundamentally different from the previous Safe Harbor arrangement because of the annual joint review, which allows the EU to address any issues as they arise. Jourová went on to say “it brings stronger data protection standards that are better enforced,…

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Corey D Silverstein and Nigel Williams

Let’s Talk Digital Marketing and Law

We had the pleasure to sit down and talk with Corey, owner of the Law Offices of Corey Silverstein, P.C.. Corey has extensive knowledge in the digital marketing field. When we asked Corey what he saw as the biggest errors for those just starting out in digital marketing make, he was quick to answer. You Need an Agreement This may seem a matter of common sense in most businesses, but Corey indicates people sometimes underestimate the need for a good agreement in their excitement over opening a digital business. He cautions that it is still a business and must be thought of as such. When asked what type of information is necessary in a good agreement, he named several factors: *Profit/Loss distribution - Everyone gets excited about the prospect of earning money and often don't consider how the profits will be divided. What is even more likely to cause conflict is deciding how a loss will effect each member of the deal. In regards to any business, Corey cautions, even family members need a legally binding agreement when money is involved. *Ending of partnership - What terms are in place if one partner decides to pull out of the business…

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Law Between the Sheets: Independent Contractor or Employee?

All too often, adult business operators spend so much time focusing on things such as obscenity, record-keeping and intellectual property that they neglect some important corporate issues, including taxation and employment law, which can have a tremendous impact on a business owner. Make no mistake about it, adult business operators need to be concerned with obscenity, record-keeping and intellectual property, but at the same time, they should not be forgetting about some other very important areas of corporate law. Every year around tax season, my office receives numerous telephone calls from clients (individuals and businesses) with concerns related to their own worker status or the worker status of someone providing services on their behalf. The classification of a worker as an employee or independent contractor is very important and any misclassification can create numerous issues. As you read through this article, it is essential to remember that you should always consult with your own attorney and accountant when it comes to employment law and taxations issues. Additionally, the IRS’ website, IRS.gov, contains a library of material that should be used as a resource for employers, employees and independent contractors. Please note that this article is based on U.S. federal tax…

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It’s Not Just Legal Jargon!

Don’t overlook provisions for Choice of Law, Forum Selection and Arbitration About a month ago, I started thinking about topics to cover in this column and right about the same time I had to upgrade to the latest version of Microsoft Office. As I was installing the software, a message popped up on my monitor that asked me whether I had read and understood the terms and conditions of the software upgrade. I can honestly say that I didn’t spend any more than 3 seconds reading the terms and conditions before I checked the box and proceeded with the installation. Seriously, does the average user actually spend the 10 hours it would take to read the 300-page document? No way! The average user wants to get on with the installation and use the damned software. Somewhere around the “Your installation is 35% complete” mark, the topic of this month’s article became clear. The adult industry is no different than any other industry: Every adult business is engaged in the process of being a party to a contract on a daily basis. The subject matter of the contract may change but ultimately the contract contains some very important provisions that are…

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Mounting Breaches: Are You Paying Enough Attention to Internet Security?

For those of you who haven’t been paying attention to the news, there is an epidemic in the online world and it’s getting worse. Last month JPMorgan Chase announced that 76 million households were affected by a recent security breach in which many individuals had their personal information stolen by hackers. To put things in perspective, JPMorgan Chase has 65.8 million open accounts including 30.1 million checking accounts. It’s the second largest mortgage originator in the U.S., and the third largest auto-lender not owned by a car manufacturer. According to the Identify Theft Resource Center, there have been 579 data breaches this year, a 27.5 percent increase over the same period last year. In addition to JPMorgan Chase, reportedly, Target, P.F. Chang’s, Jimmy John’s, Neiman Marcus, Michaels and Sally Beauty Supply have all recently fallen victim to massive hacks and data theft. Millions of pieces of data including names, birthdates, addresses, telephone numbers, drivers license numbers, credit card numbers and more are now in the hands of individuals with bad intentions. This sensitive data is being traded, sold and utilized unbeknownst to individuals all over the world. Sadly, the media doesn’t find all data breaches juicy enough to make the…

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Revenge Porn: Is a Federal Criminal Ban Imminent

According the National Conference of State Legislatures, “revenge porn” is defined as “the posting of nude or sexually explicit photographs or videos of people online without their consent, even if the photograph itself was taken with consent. A spurned spouse, girlfriend or boyfriend may get revenge by uploading photographs to websites, many of which are set up specifically for these kinds of photos or videos. The victim’s name, address and links to social media profiles are often included with the images, and some websites charge a fee to have the materials removed.” In case you haven’t noticed, numerous states across the U.S., the U.S. federal government and various provinces in Canada have been quite busy in 2013 and 2014 in their attempt to fight back against the revenge porn epidemic. Revenge porn has been labeled by lawmakers as a form of “cyberbullying” that is a wildfire raging out of control. Numerous jurisdictions have already passed or are in the process of passing laws that make revenge porn a serious crime. For example, Ariz. Gov. Jan Brewer, recently signed a law that makes it a felony to post intimate images of others online without their consent. Under Arizona law, perpetrators of…

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