Barry Law Firm, PC

Barry Law Firm, PC Does Your Lawyer Speak Tech?™

Does Your Lawyer Speak Tech?™ Barry Law focuses on government contracts compliance issues, including certifying and maintaining 8(a) status or other SBA set-asides, general contract negotiation and strategy, all other government and commercial contracting issues. For a full list of how we can help, see www.barrylawfirmpc.com

Mission: Does Your Lawyer Speak Tech?™ Barry Law Firm does. Barry Law is about technology, and all of the ways it intersects with your business. Contracts, compliance, intellectual property and privacy are just some of the areas in which we provide expert advice.

When it comes to notification of data breach, public companies have additional obligations besides compliance with each ...
05/14/2018
SEC Hits Yahoo With $35M Fine | Lexology

When it comes to notification of data breach, public companies have additional obligations besides compliance with each of the 50 states' notification requirements. There is also an obligation to be truthful with the SEC. https://www.lexology.com/library/detail.aspx?g=48e0d3e5-5770-445e-a9e1-65e5da206858&utm_source=lexology+daily+newsfeed&utm_medium=html+email+-+body+-+general+section&utm_campaign=lexology+subscriber+daily+feed&utm_content=lexology+daily+newsfeed+2018-05-14&utm_term=

Just weeks after publishing guidance on cybersecurity, the Securities and Exchange Commission (SEC) assessed a $35 million penalty against Yahoo! Inc…

Microsoft wins U.S. appeal over warrant for emails held abroad
07/15/2016
Microsoft wins U.S. appeal over warrant for emails held abroad

Microsoft wins U.S. appeal over warrant for emails held abroad

Microsoft Corp won the reversal on Thursday of a court order requiring it to turn over to the U.S. government the contents of a customer's email account stored on an Irish server, in a victory for privacy advocates.

Important considerations as we wind down 2015.
12/15/2015
EPIC - Electronic Privacy Information Center

Important considerations as we wind down 2015.

EPIC in the news via USA TODAY: “Threats to online privacy are on the rise — cyber attacks, data breaches, identity theft, and secretive profiling of Internet users,” said Marc Rotenberg, president of the Electronic Privacy Information Center in Washington D.C.

“Unfortunately, the United States is still caught in the last century, with privacy policies that provide no real protections to Internet users. The U.S. will need to update privacy laws to safeguard U.S. consumers and maintain trade relations with Europe,” he said.

This is why legal needs to be fully integrated into a company, and be certain to review licenses prior to issuing cease ...
10/26/2015
Sony licensed stock footage, then branded its creator a pirate for using it himself

This is why legal needs to be fully integrated into a company, and be certain to review licenses prior to issuing cease and desist letters.

Mitch Martinez licensed a stock footage clip to a Sony music label to use in a video; when the company proceeded to file a Youtube copyright complaint against him and refused to take his calls, he ...

This case is important, not solely for the ramifications on mass surveillance, but it also has ramifications for any com...
09/24/2015
EPIC - Decision by EU Legal Advisor Signals End of "Safe Harbor"

This case is important, not solely for the ramifications on mass surveillance, but it also has ramifications for any company that collects, stores, or passes data through the EU. It is especially important for multi national corporations that routinely pass data between divisions. It will indeed be something to keep a close eye on.

An opinion by the top advisor for Court of Justice of the European Union indicates that the

The FCC rejects arguments by a small ISP that it has the right to exercise editorial discretion in deciding what speech ...
09/15/2015
ISPs don’t have 1st Amendment right to edit Internet, FCC tells court

The FCC rejects arguments by a small ISP that it has the right to exercise editorial discretion in deciding what speech to transmit and at what bandwidth. An interesting argument, as previous decisions have held that the sheer multitude of messages going through an ISP make it impossible for monitoring and editing of content. Indeed, various structures have been created based on these concepts, including safe harbor provisions for ISPs as publishers rather than editors.

FCC defends net neutrality rules against lawsuit filed by broadband industry.

This matters, very much.  Why?  In the words of the article:  "The US government contracts non-profit ICANN to run the s...
09/14/2015
Plan to shift internet's control panel away from US government gets tentative thumbs-up

This matters, very much. Why? In the words of the article: "The US government contracts non-profit ICANN to run the so-called IANA functions – a body that runs the highest level of the world's DNS, allocates IP addresses, and ensures developers can agree on the same numbers and protocols when writing software that communicates over the 'net. It's what keeps the internet as we know it glued together.

That crucial contract is coming to an end, and the US wants to step away from ruling the internet like an unelected king.
The IANA contract itself comprises three main functions: names, numbers and protocols. Transition plans for the later two are largely agreed but the most complex issue of names is being explored by a panel of experts called the Community Working Group (CWG). ICANN, of course, would love to run IANA – and thus a chunk of the internet – all by itself, simply put. And that's why its accountability to the public matters."

Having followed this since prior to NTIA's award of this contract to ICANN, I have some thoughts regarding oversight that come from a slightly different perspective than many. First, oversight is absolutely necessary. Second, stakeholder definition will be paramount in determining whether fairness is achieved, or whether the process is captured by special interests. We've already seen how what was originally the "technical governance" of the Internet became the victim of massive scope creep, and suddenly we found ourselves creating dispute policies for intellectual property disputes, creating a de facto international domain name body of law.

ICANN's current structure still does not provide for equal access for NGOs or other non commercial groups, and still does not consider Internet users as actual stakeholders. I would argue that this should be changed if the US government turns the reins over to ICANN completely. At the very least, board representation should include a non commercial representative, preferably elected. I would also argue for an unambiguous time certain for the IANA function to be separated.

IANA contract proposal looks good, except for the fundamental flaws

This will be an important opportunity to have some input regarding FirstNet - a proposed network for first responders, u...
09/10/2015
FirstNet cybersecurity - September 8, 2015 | Lexology

This will be an important opportunity to have some input regarding FirstNet - a proposed network for first responders, under the auspices of NTIA. There will be significant need for industry input regarding data security, data privacy, and construction, and use of the system.

At its Industry Day last month, FirstNet indicated it plans to release a special notice in the coming weeks requesting input on network cybersecurity…

The second article on this page should provide pause, in that it prohibits companies like Facebook (and possibly other h...
08/03/2015
Steptoe & Johnson LLP: E-Commerce Law Week, Issue 861

The second article on this page should provide pause, in that it prohibits companies like Facebook (and possibly other holders of personal and/or sensitive data) from attempting to quash warrants before execution, even if that warrant is defective. This could lead, of course, to improper disclosures for which users would have little recourse. The first article is also interesting in that it implies that we should all delete all draft emails since they aren't covered under ECPA.

The Eighth Circuit has ruled, in Anzaldua v. Northeast Ambulance and Fire Protection District, that copies of emails stored in a “draft” or “sent” folder are not in “electronic storage” and therefore are not protected under the Stored Communications Act (SCA), a part of the Electronic Communications…

07/24/2015
www.markey.senate.gov

The "SPY" Act is a proposed law that would affect information collection and data security of automobiles, that would purportedly prevent hacks. However, it does not include a private cause of action, meaning individuals would not be able to directly sue companies that violate data privacy. You can see the bill here:

Of note, the Your Own Devices Act (H.R. 862, also known as "YODA") is intended to remove some of the use restrictions im...
07/14/2015
Venable LLP | News & Insights | Publications | Articles | Digital Rights Review: Summer 2015...

Of note, the Your Own Devices Act (H.R. 862, also known as "YODA") is intended to remove some of the use restrictions imposed on devices containing software, such as cars, John Deere tractors, refrigerators, coffee makers (like the DRM containing Keurigs), some of which could be interpreted to prohibit transfer of the device through resale. Are we seeing some sanity in the ever expanding world of intellectual property rights?

Since the Summer/Fall 2014 Update, Congress is no longer in its 113th session, and most of the bills previously referenced are no longer active. However, the 114th session has begun its term with several proposed amendments to copyright law. Generally, the numerous copyright bills attempt to amend t…

Interesting revelations as company's customer list is made public.
07/07/2015
Someone Just Leaked The Price List for Cyberwar

Interesting revelations as company's customer list is made public.

A controversial cyber arms dealer gets hacked, revealing sales to the US military and less savory customers around the world.

If you are a federal employee or contractor who has been investigated for a clearance at any level, chances are, you hav...
07/06/2015
OPM Says More Hack Details Coming, But Notification of Affected Feds Could Lag

If you are a federal employee or contractor who has been investigated for a clearance at any level, chances are, you have been compromised. For those who have been investigated, you may wish to file a FOIA and/or Privacy Act request (preferably both), to find out at the very least, what was in your file that may now be compromised.

OPM is striving for accuracy in counting feds affected in second hack.

Added to the Anthem, CareFirst, Target and Home Depot breaches, it is very likely that most adults in the United States ...
06/22/2015
Size of the OPM Hack Quadruples to 18 Million

Added to the Anthem, CareFirst, Target and Home Depot breaches, it is very likely that most adults in the United States have had their personally identifiable information leaked. So what's next?

FBI director reportedly provided the estimate to lawmakers in closed-door briefings.

I am proud of my alma mater.  Individual privacy is far too important an issue to be determined solely by industry.  We ...
06/22/2015
Consumer groups drop out of NTIA multistakeholder process regarding the commercial use of facial...

I am proud of my alma mater. Individual privacy is far too important an issue to be determined solely by industry. We have already seen the dangers inherent in top down regulatory systems as the special interest cartels took over the Internet via the Department of Commerce's giveaway to ICANN, where users are not even considered stakeholders. Kudos to these consumer groups for learning from history.

On June 16, 2015, the Consumer Federation of America announced in a joint statement with other privacy advocacy groups that they would no longer…

Barry Law Firm, PC
06/05/2015

Barry Law Firm, PC

Irish High Court Refers Facebook Case to ECJ
03/24/2015
Irish High Court Refers Facebook Case to ECJ

Irish High Court Refers Facebook Case to ECJ

Irish High Court Refers Facebook Case to ECJ Daily Dashboard | Europe Data Protection Digest | Jun 18, 2014 Facebook Twitter Google LinkedIn Comment Email Print In a move that could have big implications for Facebook and the EU-U.S. Safe Harbor arrangement, Ireland’s High Court has referred question…

Google v. Privacy – Round 2
09/08/2014
Google v. Privacy – Round 2

Google v. Privacy – Round 2

Remember back in January where I cautioned about what happens when we give our privacy away, especially by putting all of your eggs in one basket? Seems that the warnings are becoming a bit more real today.

See this article by Andrew Hinks.

A very interesting fact pattern, as Microsoft shows customers that it will fight for their privacy.
09/03/2014
Microsoft will not hand over overseas email, despite order

A very interesting fact pattern, as Microsoft shows customers that it will fight for their privacy.

NEW YORK (Reuters) - A judge on Friday lifted a suspension on her order directing Microsoft Corp to turn over a customer's emails stored overseas to U.S. prosecutors, but the software company

Last Chance Government Contracts 101 June 20 and 21 http://conta.cc/SORCUd
06/17/2014
Last Chance -Government Contracts 101 June 20 and 21

Last Chance Government Contracts 101
June 20 and 21
http://conta.cc/SORCUd

By the end of the class, you should be able to identify risks and benefits associated with government contracting, know how to register and find opportunities, be able to identify types of government contracts with their associated risks and benefits, how to find teaming partners, and where to go fo…

Oracle v. Google – Copyrightability of APIs
06/07/2014
Oracle v. Google – Copyrightability of APIs

Oracle v. Google – Copyrightability of APIs

On May 9 US Court of Appeals for the Federal Circuit handed down their ruling on the appeal (and cross appeal) of Oracle v.Keep Reading...

Reminder+-+Government+Contracts+101+June+20+and+21 http://conta.cc/1mlGg1Y
06/06/2014
Reminder+-+Government+Contracts+101+June+20+and+21

Reminder+-+Government+Contracts+101+June+20+and+21 http://conta.cc/1mlGg1Y

By the end of the class, you should be able to identify risks and benefits associated with government contracting, know how to register and find opportunities, be able to identify types of government contracts with their associated risks and benefits, how to find teaming partners, and where to go fo…

ERRATA:  DATES - Government Contracts 101 June 20 and 21 http://conta.cc/1hjcEGw
05/30/2014
ERRATA: DATES - Government Contracts 101 June 20 and 21

ERRATA: DATES - Government Contracts 101 June 20 and 21 http://conta.cc/1hjcEGw

By the end of the class, you should be able to identify risks and benefits associated with government contracting, know how to register and find opportunities, be able to identify types of government contracts with their associated risks and benefits, how to find teaming partners, and where to go fo…

Please consider attending Government Contracts 101 http://conta.cc/1nz2SCw
05/30/2014
Please consider attending Government Contracts 101

Please consider attending Government Contracts 101 http://conta.cc/1nz2SCw

By the end of the class, you should be able to identify risks and benefits associated with government contracting, know how to register and find opportunities, be able to identify types of government contracts with their associated risks and benefits, how to find teaming partners, and where to go fo…

05/23/2014

If you haven't already changed your eBay passwords as well as your PayPal passwords, now might be a good time. It is also a good time to consider your own data protection plans and incident response.

It’s Not a Question of “If”
05/23/2014
It’s Not a Question of “If”

It’s Not a Question of “If”

Do you have a plan for data breach? Just about every company, large or small, will eventually be caught up in a data breach scenario, whether real or assumed.Keep Reading...

It goes without saying that this is not a good way to do business.
04/22/2014
IT Contractor Pays $1.1M for Alleged Resume Padding

It goes without saying that this is not a good way to do business.

Computer Sciences Corporation agreed to pay the federal government $1.1 million to settle allegations of defrauding the U.S. Army by submitted false resumes to qualify its employees for higher paying position, according to a U.S. attorney.

Another Announcement:  We are very pleased to announce that we can scale back our Fundable target, as we have committed ...
04/14/2014
Barry Law Firm, PC on Fundable

Another Announcement: We are very pleased to announce that we can scale back our Fundable target, as we have committed bank funding for the vast majority of our goal. We are ALMOST there, and can cross the finish line with your help. We are so close to being there that we are making some amazing plans that we can't share at the moment, but we are so excited about that we've moved into some office space and are evaluating vendors to help us deploy. Yet another "first of its kind" from Barry Law. Please stay tuned!
www.fundable.com/barry-law-firm-pc

Read more about Barry Law Firm, PC including Quick Pitch, Product/Service Details, Traction & Accomplishments, How We're Different, Team on Fundable.

04/10/2014

Announcement: Barry Law Firm is moving. We have signed for office space in Tysons Corner. Details to follow

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Great Falls, VA

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Tuesday 10:00 - 18:00
Wednesday 10:00 - 18:00
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Friday 10:00 - 18:00

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