Your Lawyer’s Email Advice is Wrong

What do your lawyers tell you about email? Don’t write bad emails, right?

Here’s a bad email:

“OMG we totally infringe this patent.”

And the response:

“Hey guys, the lawyers told us not to discuss patents on email. Let’s take this discussion offline.”

So now it looks like discussion, offline, about how much they infringe the patent. And that’s probably not what happens.

It’s fine to email. The mistake is speculating and exaggerating in email.

The truth is the author has no idea if they infringe the patent. They are expressing a fear. Infringement is a legal analysis and almost always requires a full technical investigation.

Email is fine. But don’t fucking speculate. Don’t panic. State the facts and loop in your lawyer.

Cryptocurrency Hype Cycle Part 3

The hype cycle of cryptocurrency may be hitting another inflection point. I tend to believe it’s going to stay down for some time.

The Economist reports:

Economists define a currency as something that can be at once a medium of exchange, a store of value and a unit of account. Lack of adoption and loads of volatility mean that cryptocurrencies satisfy none of those criteria. That does not mean they are going to go away (though scrutiny from regulators concerned about the fraud and sharp practice that is rife in the industry may dampen excitement in future). But as things stand there is little reason to think that cryptocurrencies will remain more than an overcomplicated, untrustworthy casino.

Hackers steal tools from NSA, hack everyone with them

From the New York Times:

Hackers exploiting data stolen from the United States government conducted extensive cyberattacks on Friday that hit dozens of countries, severely disrupting Britain’s public health system and wreaking havoc on tens of thousands of computers elsewhere, including Russia’s ministry for internal security.

Link

There are really only two things that need to be said about this, both said well by others:

  1. “Remember last year when a whole bunch of people wanted Apple to create a special version of iOS for the U.S. government, under the promise that it would never escape their safe hands and get into the wild?” John Gruber, Daring Fireball (link)
  2. “Either everyone gets security or no one does.” Bruce Schneier (link)

The point is there’s no such thing as a security backdoor that “only I can use.” If you want systems to truly be secure, they must truly be secure.