The cyber liability team here at Raines Feldman has endeavoured to provide weekly cyber liability law updates. While the production values are very public access, we hope that you will find some practical advice and useful legal analysis from time to time. The Raines Feldman cyber liability team is headed by litigation partner Erik Syverson and senior associates Steve Gebelin and Scott Lesowitz.
This week, we catch up on some recent hot topics. First, we explore the ruckus caused by the National Enquirer story alleging that Republican presidential candidate Ted Cruz had five mistresses. We wondered if any of the alleged mistresses, most notably CNN commentator Amanda Carpenter, would have viable claims for defamation. Steve Gebelin helps point out the challenges that public figures such as Amanda Carpenter face in such cases. Among other things, the law has evolved to provide cover for re-tweets, links and reporting on reporting. Bottom line is that a false narrative can spread like wildfire and it is very hard to meet the standard of actual malice required by most courts in order for a public figure to prevail.
Then we turn our attention to Apple and its refusal to comply with a federal court order to assist the FBI in hacking into the cell phone of deceased radical Islamic terrorists behind the San Bernadino massacre. Former federal prosecutor Scott Lesowitz gives us his take on the outcome and possible future fall out regarding Apple’s disobedience. In the end, it was much ado about nothing as an Israeli security firm helped crack into the Iphone. While Apple wanted to highlight the security of its phones, in actuality the Israelis proved that no device is secure.