Showing posts with label Intellectual Property. Show all posts
Showing posts with label Intellectual Property. Show all posts

Monday, November 3, 2025

Word of the Month for November 2025: Social Engineering

Have you ever gotten emails from people you've never met asking for information that you don't think you should give out?

Maybe a "friend" casually asks you for your user name/password to see what funny stuff you've posted on social media.  

Maybe you're searching online at work when, out of the blue you get an email or text from someone you don't know about something like:

Subject: Urgent: Your Amazon account has been compromised! 

Dear Customer,

We have detected suspicious activity on your Amazon account. To protect your information, please verify your account by clicking the link below:

[Link: Verify your account here: malicious-amazon-login.com] Failure to verify your account within 24 hours will result in account suspension. 

You click the link, you computer screen starts to flicker and it shuts off....OR 

Nothing happens but a few days later you discover that your username/passwords have been changed making it impossible to  access any of the accounts stored in your account manager (you know, where you have been storing your usernames/passwords for the last few years), OR

You get a visit from IT/HR saying that email you clicked from someone you've never met or heard of released a virus into the computer network and it's going to cost the company hundreds of thousands of dollars to fix and, oh yeah, you're fired.

Ever happen to you?   If this scenario has happened to you, you, my friend, have become a victim of social engineering.

I remember one time years before the word "social engineering" was even coined, I got a call from an official sounding guy.  There were sounds of people talking in the background, typewriters going, secretaries taking dictation, and such.  

Sounded legit.

Guy started in asking me questions like can I spell my name, where I lived, how old I was - that sort of thing.  Then he asked for my social security number.  

Just as I started to say the first number, something caught my attention and I'm like why do you need my SS#?  He started saying something and I got the BS feeling in my gut and hung up.

Don't know what the BS feeling is?  Essentially, it's if it looks like a duck and flies like a duck but smells like Bulls**t, it's probably not a duck.

Anyway, turns out social engineering happens to LOTS of people and organizations worldwide.  In fact, globally, social engineering attacks (including phishing, impersonation, etc.) cost businesses approximately $4.8 billion in 2024—up from about $4.2 billion in 2023.

Wait, what?!

Before we get too deep into this, let's define what Social Engineering is:  
Social engineering is a trick used to fool people into giving away private information or doing something they shouldn’t, usually by pretending to be someone they're not in order to gain the  trust of their victim(s).
Social engineering manipulates or deceives people into divulging confidential information or performing actions that compromise security (either to the private individual or a corporation).  It often relies on psychological manipulation - exploiting human emotions and instincts rather than technical vulnerabilities (like what you might expect from a computer hack). 

The success of social engineering lies in the fact that humans are prone to error and therefore fall for manipulative tactics. According to a social engineering attacks survey, “Social engineering attacks are one of the insidious and pervasive threats that compromise the individual’s privacy and security.  These malicious strategies exploit an individual’s tendency to trust digital resources...One of the primary causes of social engineering attacks is human error and emotional responses to factors such as greed, fear, empathy, and curiosity.” 

Social engineering is often the gateway to technical breaches (e.g., phishing leads to ransomware), but it doesn’t always get the credit—or blame—it deserves. It's less flashy, more human, and harder to track.  So, while attacks on computer systems get better press, using social engineering is often more readily employed as it is easier to exploit human weaknesses such as trust, a sense of safety, and the tendency to help others or seek the most convenient path than to go to all the trouble of hacking a computer network.

So, what are some of the more popular ways social engineering happens?

1. Phishing

Fake emails, texts, or messages that look legitimate but trick you into clicking links, downloading malware, or entering personal info.

Example: You get an email that looks like it’s from your bank, asking you to “verify your account.”

 2. Vishing (Voice Phishing)

Phone calls where someone pretends to be from tech support, a bank, or government agency to get sensitive info.

Example: “This is Microsoft. We’ve detected a virus on your computer…”

 


 3. Smishing (SMS Phishing)

Phishing via text messages. Usually includes a suspicious link or urgent message.

Example: “Your package is delayed. Click here to reschedule delivery.”

 4. Pretexting

The attacker creates a fake identity or situation (a “pretext”) to get you to trust them and share info.

Example: Someone pretends to be HR asking for your Social Security number to “update your file.”

 5. Impersonation

The attacker pretends to be someone you know or someone in authority (like a boss or IT support).

Example: A “CEO” emails asking you to urgently wire money for a business deal.

 6. Baiting

Luring someone with a tempting offer—like free software, a USB drive, or music downloads—that actually contains malware.

Example: A USB drive labeled “Employee Salaries” left in a company parking lot.

 7. Tailgating / Piggybacking

Physically following someone into a restricted area by pretending to be an employee or visitor.

Example: “Oops, I forgot my badge—mind holding the door?”

 8. Quid Pro Quo

Offering a service or benefit in exchange for information.

Example: “I’ll fix your printer if you give me your login credentials.”

These methods all rely on exploiting human trust, fear, curiosity, or helpfulness—not just technology. That’s what makes social engineering so powerful and dangerous.

So, how might a social engineering attack  play out in real life:

Scenario: "The IT Support Scam"

Target: An employee at a company
Attacker’s Goal: Gain login credentials to the company’s internal system

  1. Pretext (The Setup)
    The attacker calls the employee pretending to be from the company’s IT department.

    "Hi, this is Mike from IT. We’re doing urgent maintenance on the login system, and I noticed your account has been flagged."

  2. Creating Urgency and Trust
    The attacker uses technical jargon and time pressure.

    "If we don’t fix this now, your access could be locked and flagged for audit. I can help you reset it quickly."

  3. Information Gathering
    The attacker asks a few harmless-seeming questions to gather details:

    "Can you confirm your username and the last four digits of your employee ID?"

  4. Exploitation
    Then comes the real request:

    "Now I just need your current password to manually reset the system on our end. After that, I’ll send you a temporary one."

  5. The Hook
    The employee, stressed and believing they’re helping IT, provides the password.

  6. Execution
    The attacker immediately logs into the employee's account and accesses sensitive company data or plants malware.

What just happened?  The attacker didn’t hack any system—they hacked human trust. That’s social engineering in real time: manipulating someone into voluntarily giving up secure information.

Have you ever had this happen to you?  I'll bet it has but you didn't know it. 

So, what can you do to protect yourself?  Turns out there are a number of things you (or your company) can do to prevent (or, at least, delay the inevitable attack), like:

Recognize the warning signs

  • Unexpected phone calls. If you get a call you weren’t expecting, especially if the caller says they’re from a bank, insurance, or an IT company, chances are it’s a phishing attempt. 
  • Suspicious email sender’s address. If something feels off about an email you got, always check the sender’s email address because it may be a spam email.
  • Unusual requests from someone that you may know. If your boss or a manager contacts you with urgent requests for money, credentials, documents, and other information when they've never done that before, it could be a phishing attempt. Always verify.
  • Urgent requests or demands. Phishing attempts have a sense of urgency to them, such as “pay now” or “act quickly,” all designed to make you feel pressured, distracted, and overwhelmed into acting NOW!
  • Unexpected links or attachments. Do not open attachments or click on links in emails you were not expecting. They could be malicious, and lead to dangerous sites. 
  • Unusual layout and spelling. Incorrect grammar and spelling, strange sentence structure, and inconsistent formatting are strong indicators of a phishing attempt. 
  • Generic greetings/signature. Greetings that don’t include your name, such as “Sir/Maam,” and signatures without contact information (or contact information that does not make sense) are strong indicators of a phishing email. 
  • Offers that seem too good to be true. If an offer seems too good to be true, such as large amounts of money for seemingly useless information, it could be a phishing attempt.
  • Requests on social media from someone you don’t recognize. Be wary of messages from people or entities you don’t know.

Implement multi-factor authentication

Multi-factor authentication, specifically phishing-resistant MFA, is a security method that requires users to verify their identity using two or more different types of proof, like a password and a code sent to your phone. The requirement of two or three extra steps lowers the risk of a breach even if attackers already have your credentials.

Train employees on awareness

Regular organization-level training is important to ensure the safety of your employees and data. Employees should be informed about and be taught to use defensive measures such as multi-factor authentication, the importance of  the use of strong passwords, and the use of firewalls.

Operate under the zero-trust mindset

Essentially, don't trust anyone. Always assume all incoming communications are social engineering attempts, and proceed with caution.  Always be looking for clear evidence that the message is legitimate.

Avoid sharing personal information online

Monitor your social media profiles keeping them private and ONLY share access with people you know personally. 

Like  the old timey radio show The Shadow instilled in baby-boomers everywhere: Who knows what evil lurks in the hearts of men? 

Who, indeed!?

Your best bet is to keep your personal information close to your vest and trust no one because everyone is out to get you (insert evil laugh, here).

Monday, February 4, 2019

Word of the Month for February 2019: Corroboration

Corroboration means to get a 2nd opinion
Have you ever had the experience where you are talking to a group of people and someone doesn't believe you and they say "prove it?"  I mean, the gall of some people.

What is helpful, in those situations is if someone is standing there and they've got your back saying, "no, she speaks the truth" (thereby shutting down the naysayers).

Yep, always nice to have someone watching your back.  Of course, this all brings us to our word of the month: CORROBORATION.  According to Black's Law Dictionary, CORROBORATION means:
1. Confirmation or support by additional evidence or authority (corroboration of the witness's testimony).  2. Formal confirmation or ratification.  3. Confirmation or support by additional evidence of the date of invention or of a trademarks first use.
So, a funny thing.  The other day I was looking at this definition and while I was thus looking, a young lady came up to me asking an intellectual property issue.

Seems Young Lady had decided to open a store nearby and sell her line of beauty products.  She spent no small amount of cash developing her line and her trademark.  

To her dismay, within the first month of opening shop, she received a cease and desist letter from an attorney informing her that she was using a trademark which was owned by someone else.

Wait a minute.  Even though Young Lady had not actually hung out her shingle, she had been using her Mark for a couple years (after having done her due diligence searching to see if anyone had used her Mark).  So she was not a little befuddled with this letter.

I suggested she take a look at our intellectual property section and read:
and off Young Lady was to strike back at "the man."

Sometimes, just when you think you have your act completely together, life smacks you up side your heal for round two.  Good thing there are law libraries around to help you get up and moving when you get knocked down.

Monday, December 17, 2018

It was just not meant to be

Another rejected patent: the hamster shirt
The other day, a young lady came into my law library. Seems she had invented a device that help people breath filtered air.  It was her hope and dream that her invention would be patented and make her lots of money.  The problem was that her patent claim was rejected and young lady was in our library to find out why.

Now, in case you were wondering about the the picture associated with this blog, this is a Hamster shirt. What is a hamster shirt?  What it looks like is a hamster cage that wraps around a person.  Weird, but what do I know?  What I do know is that it is one of millions of patent applications that have been rejected over the years.  

Why, you might ask, would a patent application be rejected?  Good question.  There are a number of reasons a patent might be rejected, such as:
  1. Invention is Obvious. Basically, this means that the invention’s claimed elements can be found in a number of prior works.

  2. Lack of Novelty. This means that an invention is too closely related to a single work which has been done before. Novelty is different than non-obviousness.  While an "obvious" rejection can be based on several references, a novelty rejection needs only one reference.

  3. Claims Written Incorrectly.  Writing a patent claim is difficult.  In fact, failure to correctly write a claim and is an easy reason for claim rejection. For example:
    • If the claims are not punctuated correctly it can be rejected.
    • If the elements for a claim are not properly introduced, it can be rejected.
    • If the claims are directed to elements not identified in the drawings, it can be rejected.
    • If the claim uses terms inconsistently, it can be rejected.
    • If the claim refers to features or arrangements in the alternative, it can be rejected.
    • If the claim is not written in proper dependent form, it can be rejected.

  4. Issues with the Drawings. While requirements for the actual drawing of picture have been relaxed over time, there are still a number of ways the drawings can create problems.  For example,
    • The of shading, greys, or colors will often lead to a rejection.
    • Stray marks, blurry lines, and smudges will cause problems.
    • If a drawing is indicated as having only pure black-and-white marks, but actually contains some grey (even grey that looks entirely black), this can lead to a rejection.

  5. Issues with the Written Description. The written description provides support for a claim. A lack of a supportable written description can manifest itself in a number of ways.
    • The written description may not disclose the best mode or expression of how an invention is used.
    • The written description may not adequately describe how the invention is made (so that someone with skill similar to the inventor could replicate the invention).
    • The written description states that the inventor invented the intention and that he is in possession of the invention.

  6. Invention is for Non-Patentable Subject Matter.  Most things are patentable, but some  aren’t. For example, you can't patent
    • the law of gravity, or
    • a mathematical formula, or
    • a method of organizing human behavior, or
    • naturally occurring elements (like water or air).
So, back to our story, young lady couldn't understand why her face mask thing was rejected.  I suggested she take a look in our intellectual property section and look at such resources as:
and off and running went young lady to get her design up to snuff.

Who knows - maybe young lady really is on to something.  Maybe her design is novel enough to squeak by.  Maybe Santa will smile kindly on young lady and give her some pointers.  Who knows? 

What I do know is that if you have a idea that you've been working on and you're sure will sell like hotcakes, waste not a moment and head on over to your local county law library and read up on how to not get your design rejected.

Monday, December 26, 2016

Imagine

It's a money grab
Today's story is about greed and the fact that one (very bloated) company doesn't have enough of your money.

In Disney Enterprises Inc. v. VidAngel Inc, 16-CV04109 (C.D. Cal.), council for the plaintiff (i.e. Disney) declared that VidAngel violated copyright law by allowing customers the ability to filter out offensive content (like nudity, vulgar language, and violence).  In its defense, VidAngel argued that under the Family Home Movie Act of 2005, its filtering process is protected and it should be allowed to continue to operate since VidAngel owns the individual physical copy of each movie steamed to customers.  

Basically, what VidAngel's argument means is that VidAngel should be allowed to alter any movie that it owns (because the people to whom it streams the video doesn't own the physical copy of the DVD).  Because VidAngel owns the rights to the copy, they should be able to do as they like with it.  

Thing is, if you look at that argument, it's a pretty good statement.  How many people have bought a book and then wrote in it or had their kid scribble the pages with a crayon?  How many people have bought a record, CD, or DVD and then sold it at a garage sale?  You bought it, you can (or should) be able to do what you want to or with it. 

What Disney is saying, though, is that even if you buy a DVD, you don't own it (pretty much what the Feds said about Napster).  Heck, if you don't own a DVD/movie, then even though you bought it (for $20-$50), Disney, or whomever, can now reverse established law (under Kirtsaeng v. John Wiley & Sons, Inc) and demand its return without having to reimburse you for the cost (and then resell it to someone else).

Heck, under Disney's argument the very act of scribbling in a book could also result in prosecution under copyright laws.  Over zealous federal judges could very well move against otherwise law abiding citizens because the act of scribbling technically "violates" the interests of the original copyright holder (i.e. the person who published the book).

Really?  Does anyone really think that the Feds would go after someone who scribbles in a book?  I do.  In fact if we the people let judges make these rulings and/or let them stick, then the prisons who used to hold people who smoked marijuana will be replaced by people who scribbled in a book. 

Basically, this all comes down to greed and stupid judges making stupid, twisted rulings.  In this case, it was/is Disney's greed and the fact that they don't have enough of your money.  Don't believe me?  Well, if you thought being prosecuted for smoking a single joint was stupid, imagine what it will feel like when you get jailed for selling a DVD at a garage sale or scribbling in a book.  

Dang but you'll be the laughing stalk of cell blocks A-Z!