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RECENT ARTICLES
- Talk with an Expert Series: Beau Fernald Shares Software Implementation Best Practices
- The Prinz Law Office Adopts New Fixed & Subscription Billing Options
- FTC Announces Settlement with Twitter Over Deceptive Use of Account Security Data
- Arbitration vs. Litigation: Which is Better for a SaaS Contract?
- Introduction to Silicon Valley Software Law Blog
- Introductory Digital Health Contracts Workshop for Lawyers
- Introduction to Software Contracts Workshop for Lawyers
- Intro to Digital Health Contracts for Non-Lawyers
- Intro to Software Contracts for Non-Lawyers
- Introduction to Negotiating and Drafting SaaS Contracts
- SaaS Lawyer Kristie Prinz to Present on Negotiating Digital Health Contracts
- Can software be subject to FDA regulation?
- Silicon Valley SaaS Lawyer Kristie Prinz’s Webinar on “Best Practices for Drafting and Negotiating SaaS Contracts” Now Available
- Silicon Valley SaaS Lawyer Kristie Prinz to Speak on “Best Practices for Drafting & Negotiating SaaS Contracts”
- Why “SaaS Agreements” are not “SaaS Licenses”
- Negotiating Consulting Services Agreements in an Uncertain Economy
- Introduction to Negotiating & Drafting SaaS Agreements
- Best Practices for Negotiating SaaS Agreements in an Uncertain Economy
- Silicon Valley Software Law Blog’s Kristie Prinz to Present Webinar on “Introduction to Negotiating & Drafting SaaS Agreements”
- Silicon Valley Software Law Blog’s Kristie Prinz to Present Webinar on “Best Practices for Negotiating SaaS Agreements in an Uncertain Economy”
- Secrets to Developing a Blog that Effectively Markets Your Law Practice
- Best Practices for Negotiating SaaS Agreements in an Uncertain Economy
- The Intersection of Technology and Legal Practice: Addressing Current Technology Issues without Allowing Them to Overwhelm Your Practice
- Best Practices for Negotiating Development Agreements in an Uncertain Economy
- Accessing Coronavirus Disaster Aid to Sustain Your Software Company Through the Crisis
- Best Practices for Negotiating Master Services Agreements in an Uncertain Economy
- Best Practices for Negotiating SaaS Contracts & Managing SaaS Customer Relationships
- Force Majeure and the Coronavirus Pandemic: What Does Your Software Company Need to Know?
- Practice Tips for Renegotiating Contracts due to Coronavirus Uncertainty and Changed Business Conditions
- Capitalizing on SaaS Sales Opportunities During the Coronavirus Crisis Without Creating New Legal Risks
- Silicon Valley Software Law Blog’s Kristie Prinz to Present Series of Webinars On Negotiating in Uncertain Times
- Silicon Valley Software Law Blog’s Kristie Prinz to Present on “The Intersection of Law & Technology: Addressing Current Technology Issues without allowing them to Overwhelm Your Practice”
- Silicon Valley Software Law Blog’s Kristie Prinz to Present on “Negotiating SaaS Contracts & Managing Customer Relationships”
- Silicon Valley Software Law Blog’s Kristie Prinz to Speak on “Negotiating SaaS Agreements” for Clear Law Institute
- The Prinz Law Office Announces New Alternative Billing Options for 2020
- Last Minute Tips for Procrastinators: What Your Company Needs to Know about the January 1, 2020 Effective Date of the California Consumer Privacy Act (“CCPA”)
- Legal Developments Impacting the Software Industry 2019
- California Passes New Data Broker Law In Anticipation of January 1, 2020 Effective Date of California Consumer Privacy Act (“CCPA”)
- Silicon Valley Software Law Blog Author Kristie Prinz to Present Upcoming Webinar on “Legal Developments Impacting the Software Industry 2019”
- California Finalizes California Consumer Privacy Act (“CCPA”) In Anticipation of January 1st, 2020 Effective Date
- Best Practices for Negotiating SaaS Contracts & Managing SaaS Customer Relationships
- Silicon Valley Software Blog Law’s Kristie Prinz to Present Webinar on “Best Practices for Negotiating SaaS Contracts”
- Is a Company Liable for Software Defects, when a Vulnerability is Discovered but Not Exploited? A Recent Cisco Settlement Suggests Liability May Be Assessed
- Can Your Company Be Sued Over a Software Update? Tesla Suit Signals New Trend in Class Action Suits
- Private Coalition of Health Insurers and Major Tech Companies Announce New Standard for Claims Data Sharing
- Software Industry Concerned About the Potential Impact of AB-5 on Gig Economy
- Facebook Agrees to Record $5 Billion Settlement with FTC on Privacy Practices
- Should Law Enforcement Agencies’ Use of Facial Recognition Software Be Subject to Regulation?
- Silicon Valley Software Law Blog’s Kristie Prinz to Speak on Upcoming Webinar on SaaS Contracts
- Silicon Valley Software Law Blog’s Kristie Prinz to Present Upcoming Webinar on Software Hosting Agreements
- FTC Puts Software Companies and Service Providers on Notice of Broad Enforcement Powers Under Gramm-Leach-Bliley Act Safeguards Rule
- FTC Sends Warning to IoT Companies on the Importance of Secure Software Development with Enforcement Action Against D-Link
- Developers File Suit Against Apple for App Store Practices Following Recent Decision by U.S. Supreme Court
- Supreme Court Rules Against Apple in Antitrust Case to Determine if App Store is Monopoly
- The Prinz Law Office Announces Opening of New San Francisco Office
- Best Practices for Drafting Master Service Agreements & Managing the Service Relationship
- Best Practices for Drafting Master Service Agreements & Managing the Service Relationship
- Silicon Valley Software Law Blog’s Kristie Prinz to Speak on “Best Practices for Drafting Master Service Agreements & Managing the Service Relationship”
- Silicon Valley Software Law’s Kristie Prinz to Speak on “Best Practices for Drafting SaaS Contracts & Managing SaaS Customer Relationships”
- The Prinz Law Office Opens New Palo Alto Office
- The Anticipated Impact of The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) on the Software Industry
- Software Industry Warns of Fallout from Australia’s Passage of New Anti-Encryption Legislation
- Silicon Valley Software Law Blog’s Kristie Prinz to Speak on “Negotiating SaaS Contracts” for Clear Law Institute
- Recent FTC Enforcement Action Should Serve as Warning to Other Software Companies Claiming Privacy Shield Compliance
- Are “Unethical” App Subscription Practices Ruining the App Store?
- California Agrees to Delay Enforcement of Net Neutrality Law
- Why Software Companies Need to Anticipate Insurance Requirements Before Commencing Negotiations on Significant Deals
- California Governor Signs Net Neutrality Law; Department of Justice Responds with Suit to Block Law
- Why Big Development Projects Can Equal Big Legal Headaches without Well-Drafted Agreements
- Silicon Valley Software Law Blog Sponsor Announces New “Subscription Model” Option for Legal Clients
- Top Mistakes Made in Software Deals without the Representation of Experienced Software Counsel
- Technology and Telecommunication Companies Lobby Congress to Adopt Federal Privacy Bill to Pre-empt California Data Privacy Law
- Silicon Valley Software Law Blog’s Kristie Prinz to Present Webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests”
- What SaaS Companies Need to Know About Source Code Escrow Agreements
- In Aftermath of GDPR, California Passes Consumer Privacy Act of 2018
- California Supreme Court Strikes Blow to Software Industry Reliance on Gig Workers
- California to Consider Bill that Restores Net Neutrality
- Irish Court Has Referred Case to European Court Which Challenges Privacy Shield: Will the EU-U.S. Privacy Shield Framework Withstand Scrutiny by the European High Court?
Could a Software Developer Whose Code is Used for Hacking Be Convicted of a Crime?
If you are a software developer and you develop code that hackers then use to commit crimes, then you may be a risk for criminal prosecution, as an Arkansas developer named Taylor Huddleston recently discovered according to an article published by The Daily Beast.
According to The Daily Beast, Huddleston developed a remote administration tool called “NanoCore” that is popular with hackers but claims that he intended his tool to be adopted by “budget-conscious school IT administrators, tech support firms, server farms, and parents worried about what their kids are doing online.” The Daily Beast reports Huddleston is now being prosecuted on federal charges of conspiracy and aiding and abetting computer intrusions.
Could going after developers of software used by hackers be a new trend in law enforcement?
The Daily Beast article suggests that this could in fact be a new strategy in law enforcement, and points to the government’s 2012 prosecution of Michael “xVsiceral” Hogue, who had participated in “creating and selling a remote access program called Blackshades” which constituted ransomware, as possible motivation for the strategy, since the government subsequently entered into a deal with Hogue, which enabled U.S. & European authorities being able to successfully prosecute 100 users of the software over a two-year long investigation.
The bottom line is that developers who create code or products that may have legitimate as well as hacking applications should be on notice that they could become the target of a federal investigation or even be federally prosecuted as a result of their development activities. The Huddleston case certainly suggests that software innovators should be considering how their innovations may be utilized once developed before they actually follow through with the development, and certainly should be seeing outside legal counsel on these issues prior to engaging in the development of a product that may have both innocuous and criminal applications. Developers in such circumstances also may want to re-consider the wisdom of engaging in independent development and seek out corporate support for their development project.

Blog Author: Kristie Prinz
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