Category Archives: Computer Law

Are You Starting the Next “Uber”?

puc_sealAs part of an ongoing effort to address changes in the transportation industry, the Pennsylvania Public Utility Commission (PUC) today encouraged concerned parties to submit comments regarding proposed changes to the Commission’s regulations governing the motor carrier industry.

The comments submitted in response to the Advance Notice of Proposed Rulemaking will be used in the PUC’s reexamination of motor carrier regulations, including businesses that transport passengers, property and household goods – as part of an effort to ensure that the transportation industry in Pennsylvania operates safely and also continues to innovate. In recent years, the oversight of these industries has evolved, in response to changes in federal law as well as market forces.

Possible topics for comment include:

  • The regulation of property carriers.
  • The regulation of group and party carriers.
  • Insurance requirements.
  • Safety requirements.
  • Fuel surcharges.
  • Fines and assessments.
  • The granting of provisional authority.
  • Web-based training for new and current carriers.
  • Various Commission General Orders, Policy Statements and guidelines for transportation utilities.
  • Any other specific considerations.

 

The comments should be submitted within 60 days of the publication of the Advanced Notice of Proposed Rulemaking in the Pennsylvania Bulletin.

Comments should include references to sections of the Commission’s current regulations. They should also provide a rationale for the proposed change and include specific proposed language for changes to the regulations.  Reference Docket No. L-2017-2604692. Rulemaking for Title 52 – Regulation of Motor Carriers of Passengers and Property.

Previously, the Commission approved updated regulations intended to reduce barriers for passenger carriers and moving companies.

To learn how Prince Law Offices, P.C. can assist you or your business with energy, real estate, transportation or other PUC matters including preparation and filing of comments, contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

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Someone Stole your Phone?

Identity theft can happen to anyone. Last week the Federal Trade Commission (FTC) published an article based on a true story from one if its fraud investigators who had her phone stolen.

She provided tips you can take to protect your digital identity:

Smart Phone:

  • Lock your phone. Use at least a 6-digit passcode on your device, or use the pattern lock or fingerprint scanner. Set the device to lock when not in use. This is especially important if you use a mobile wallet or money transfer apps.
  • Update it and back it up. Back up your device regularly and make sure automatic updates are turned on. Backing up your phone regularly and automatically makes sure that you’ll still have your stuff – if it disappears.
  • Get help finding your phone. Install and turn on Find My iPhone (iOS) or Find My Device (Android). These apps could help you locate your device if you lose it. If your phone is stolen, these apps also let you remotely issue a command to erase your device .
  • Alert your wireless provider if your phone is missing. Make the call as soon as you know your device is missing after you have used the Find My Phone/Device feature. They can permanently or temporarily disable the SIM card to stop someone from using the device on the cell network.

Accounts:

  • Turn on two-factor authentication. That means you’ll give your password and a second way to prove that you’re you. This extra layer of security makes it much harder for thieves to get into your accounts and lock you out. Many providers give several options to authenticate your identity, so be sure you have a backup method (like one-time use codes or a backup email address) in case you don’t have access to your device to receive texts or phone calls.
  • Know which devices have access to your accounts. Many social media sites and email providers, and some phone operating systems, let you view the logins for your devices from the settings menu. You can remove devices from the account, and log out of the site remotely using a computer or another device. That’s handy if ever you lose your phone, tablet, or laptop.
  • Check your log-in and account notifications. Many email and social media accounts can notify you if a new device connects to your account, or if someone tried to change your passwords.
  • When in doubt, change your passwords. If you’ve lost your device, change your passwords. Many of us set our devices to remember passwords – which could mean that someone who gets your phone could get access to your accounts and personal information. So: if you lose your phone, change your email, social media, online banking, shopping, and other passwords right away.

For more tips on what to do to protect yourself from identity thieves, check out ftc.gov/idtheft.

Need further help?  If you or your business have questions or concerns regarding fraud, computer law, privacy, or cybersecurity law matters, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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Is Computer Tech Support Really Calling to Help You?

Does the thought of losing everything on your computer leave you queasy? That’s the anxiety fraudsters attempt to exploit with tech support scams – and it’s conduct the Federal Trade Commission (FTC) and law enforcement partners are challenging through 16 civil and criminal (yes, criminal) actions announced as part of Operation Tech Trap.

Tech support scammers’ modus operandi is to run ads that resemble pop-up security alerts from Microsoft, Apple, or other companies. Consumers are warned that their computers are infected with viruses or are under hack attack. Some pop-ups even feature a countdown clock, supposedly showing the time remaining before the hard drive will be fried – unless the consumer calls a toll-free number supposedly affiliated with one of those big-name companies.

Once operators have consumers on the phone, the real theatrics begin. Operators claim to need remote access to consumers’ computers so they can run “diagnostic tests.” Those tests purport to reveal grave problems that can only be solved by one of their “certified technicians” – for a hefty fee, of course. Companies use high-pressure tactics to strong-arm consumers into paying hundreds of dollars for unnecessary repairs, anti-virus protection or software, and other products and services. (Here’s an example of a pitch in action from the FTC.)

 

In settling a case against Click4Support LLC and others, the FTC and AGs from Connecticut and Pennsylvania announced that the defendants are banned from marketing technical support services, will pay a total of more than $554,000, and will forfeit an additional $1.3 million held by the court-appointed receiver. A federal judge in Philadelphia also entered a $27 million default judgment against a related party.

But that’s not all. There have been several other similar cases brought by the FTC.

How does this boil down for you or your business?

  • Consumers get caught in tech support scammers’ web, but so do small businesses and people who work from home. The FTC has updated its advice on what you can do to protect yourself. Also, the FTC will be hosting a roundtable this summer for law enforcement agencies leading the charge against this kind of fraud and for businesses affected by tech support scams, including companies whose names have been misused by con artists. Looking for tips on spotting other B2B scams? The FTC’s new Protecting Small Businesses site is designed with you in mind.
  • People who participate in tech support scams aren’t just risking their assets and future livelihoods. They could face criminal prosecution.

If you or your business have questions or concerns regarding fraud, computer law, privacy, or cybersecurity law matters, including assistance with policies, prevention or recovery from a ransomware attack and cybersecurity insurance or insurance claims, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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Cybersecurity Strengthened with Executive Order

STRENGTHENING THE CYBERSECURITY OF FEDERAL NETWORKS AND CRITICAL INFRASTRUCTUREwh_logo_seal

President Donald Trump on May 11, 2017 signed an executive order (EO) on cybersecurity that requires agency heads to enhance the security of their networks, systems, and data, as well as requires their adoption of the National Institute of Standards and Technology’s (NIST) cybersecurity risk framework of best security practices.

The EO has been in the works for a while and revised a few times.  Among the key elements is a call for modernizing and consolidating government network technologies and infrastructures; a report on the technology supply chain risks to the US Department of Defense; support for security of critical infrastructure; an assessment of cyberattack and disruption of the nation’s power grid; and a call for skilled cybersecurity talent.

“Effective immediately, each agency head shall use The Framework for Improving Critical Infrastructure Cybersecurity (the Framework) developed by the National Institute of Standards and Technology, or any successor document, to manage the agency’s cybersecurity risk.  Each agency head shall provide a risk management report to the Secretary of Homeland Security and the Director of the Office of Management and Budget (OMB) within 90 days of the date of this order,” according to the EO.

If you or your business have questions or concerns regarding fraud, computer law, privacy, or cybersecurity law matters, including assistance with policies, prevention or recovery from a ransomware attack and cybersecurity insurance or insurance claims, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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New FTC Website Helps Small Businesses Avoid Scams and Cyber Attacks

Attacks can be especially devastating to small businesses; FTC provides information on how businesses can protect themselvesftc

At the direction of Acting Chairman Maureen Ohlhausen, the Federal Trade Commission (FTC) has launched a new website – ftc.gov/SmallBusiness – with articles, videos, and other information aimed at helping small business owners avoid scams and protect their computers and networks from cyberattacks and other threats.

“Small businesses are critical to our economic strength, building America’s future, and helping the United States compete in today’s global marketplace,” Acting Chairman Ohlhausen said. “This innovative new website is a one-stop shop where small businesses can find information to protect themselves from scammers and hackers, as well as resources they can use if they are hit with a cyberattack.”

According to the U.S. Small Business Administration (SBA), there are more than 28 million small businesses nationwide, employing nearly 57 million people. Scammers frequently target small businesses with deceptive tactics designed to get them to pay for supplies they didn’t order, donate to fake charities or trick them into giving access to their network or downloading malware that can corrupt their business’s computers.

Cyberattacks can be particularly devastating to small businesses, and many of them lack the resources that larger companies have to devote to cybersecurity. Symantec Corp.’s 2016 Internet Security Threat Report indicates the percentage of spear-phishing attacks targeting small business rose dramatically from 18 percent to 43 percent between 2011 and 2015.

The FTC’s new web page offers specific information to help small businesses protect their networks and their customer data. This includes a new Small Business Computer Security Basics guide, which shares computer security basics to help companies protect their files and devices, train employees to think twice before sharing the business’s account information, and keep their wireless network protected, as well as how to respond to a data breach. It also has information on other cyber threats such as ransomware and phishing schemes targeting small businesses. The FTC is continuing to work with the SBA on additional ways to help small businesses.

If you or your business have questions or concerns regarding fraud, computer law, privacy, or cybersecurity law matters, including assistance with policies, prevention or recovery from a ransomware attack and cybersecurity insurance or insurance claims, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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Pennsylvania’s Powelson to Join FERC from PaPUC

FERC

President Donald J. Trump announced May 8, 2017 his intent to nominate the following individuals to key positions in his Administration:

Neil Chatterjee of Kentucky to be a Member of the Federal Energy Regulatory Commission for the term expiring June 30, 2021. Mr. Chatterjee is energy policy advisor to United States Senate Majority Leader Mitch McConnell of Kentucky. Over the years he has played an integral role in the passage of major energy, highway, and farm legislation. Prior to serving Leader McConnell, he worked as a Principal in Government Relations for the National Rural Electric Cooperative Association and as an aide to House Republican Conference Chairwoman Deborah Pryce of Ohio. He began his career in Washington, DC, with the House Committee on Ways and Means. A Lexington, Kentucky native, he is a graduate of St. Lawrence University and the University of Cincinnati College of Law.

powelsonRobert F. Powelson of Pennsylvania to be a Member of the Federal Energy Regulatory Commission for the term expiring June 30, 2020. Commissioner Powelson has served as a Commissioner on the Pennsylvania Public Utility Commission (PUC) since 2008. Commissioner Powelson was first nominated to the PUC on June 19, 2008, by Governor Edward G. Rendell and appointed Chairman by Governor Tom Corbett in 2011. Currently, Commissioner Powelson serves as the President of National Association of Regulatory Utility Commissioners (NARUC) based in Washington, DC. Commissioner Powelson serves on the Electric Power Research Institute Advisory Board (EPRI) as well as the Drexel University Board of Trustees. From 1994 to 2008, Powelson served as the President and CEO of the Chester County Chamber of Business and Industry based in Malvern, PA. In 2005, he was selected by the Eisenhower Presidential Fellow to be a United States fellow in Singapore and Australia. Commissioner Powelson holds a Bachelor of Administration from St. Joseph’s University and a Master of Governmental Administration with a concentration in public finance from the University of Pennsylvania.

Prince Law Offices, P.C. congratulates Commissioner Powelson.  To learn how Prince Law Offices, P.C. can assist you or your business with real estate, business, FERC, or PUC matters, contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

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A Comprehensive Revision of Pennsylvania Law on Partnerships and LLCs

On February 21, 2017, Act 2016-170 (commonly known as House Bill 1398) went into effect. The Act is a comprehensive revision of Pennsylvania law on partnerships and limited Pages from 2016 Act 170 - PA General Assemblyliability companies (LLCs). This Act amends Title 15 (Corporations and Unincorporated Associations) and Title 54 (Names) to replace the law governing limited liability partnerships, general partnerships, limited partnerships, and limited liability companies, as well as to make conforming changes regarding the names of business associations. The full text (115 pages) of 2016 Act 170 is available at http://www.legis.state. pa.us/cfdocs/legis/li/uconsCheck. cfm?yr=2016&sessInd=0&act=170 or short URL https://goo.gl/Fs4J07.

To read my full article see: https://www.pabar.org/pdf/Spring%202017.pdf

Desire more specific assistance regarding your business formation, agreements, intellectual property, trademarks, zoning, real estate law, cyber security, insurance, etc., contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

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