Alexander Berengaut

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Malware Defendant Raises Constitutional Challenge to Indictment

Last August, the Department of Justice arrested and indicted Marcus Hutchins, the security researcher who accidentally discovered the “kill switch” that stopped the “WannaCry” malware attack.  Hutchins was not charged for anything to do with WannaCry, but rather for creating and conspiring to sell a different piece of malware, the “Kronos Banking trojan.”  Apart from … Continue Reading

CLOUD Act Creates New Framework for Cross-Border Data Access

On March 23, 2018, Congress passed, and President Trump signed into law, the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, which creates a new framework for government access to data held by technology companies worldwide. The CLOUD Act, enacted as part of the Consolidated Appropriations Act, has two components. Part I:  Extraterritorial Reach of … Continue Reading
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