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Is encryption.. private thoughts?

This segment will be a legal roundup, as there’s moves to watch.

Intel is now being sued for violating wiretap laws over its use of analytics to track keystrokes, mouse movements, and click events on its website.   The lawsuit was moved from a Florida state court to a federal district Court last week.    It was brought under the 2020 Florida Security Communications act, which makes it a crime to intentionally intercept another’s electronic communications without consent.    This case is not alone – there are at least two dozen moving through the courts, mostly in California and Florida.

In Michigan, the case of three men charged with plotting to kidnap the governor is bringing up another privacy spin.   The men used private, encrypted chats to communicate.    Under Michigan law, a person is guilty of a terrorist threat if they “threaten to commit an act of terrorism and communicates the threat to any other person.”   The judge in the case dismissed a charge over making terrorist threats because of the encryption, noting “that using an encrypted communications service was not unlike “thinking the thought to yourself.”

Why do we care?

I’d hope it’s obvious.  Without a set of federal regulations, we’re going to have 50 different interpretations of these laws.    Encrypted communications as private thoughts?  That’s a new one – an interesting protection.  

My point today is less about the specific laws, and more about the systemization of tracking them.  For the typical IT services company, how much are you dedicating to tracking?   Is it a system?    My sense is this is now a core competency of IT services companies.

Not to get ahead of myself, but wait until you hear about how aware IT pros are on regulation.