Security Magazine logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Security Magazine logo
  • NEWS
    • Security Newswire
    • Technologies & Solutions
  • MANAGEMENT
    • Leadership Management
    • Enterprise Services
    • Security Education & Training
    • Logical Security
    • Security & Business Resilience
    • Profiles in Excellence
  • PHYSICAL
    • Access Management
    • Fire & Life Safety
    • Identity Management
    • Physical Security
    • Video Surveillance
    • Case Studies (Physical)
  • CYBER
    • Cybersecurity News
    • More
  • BLOG
  • COLUMNS
    • Career Intelligence
    • Cyber Tactics
    • Cybersecurity Education & Training
    • Leadership & Management
    • Security Talk
  • EXCLUSIVES
    • Annual Guarding Report
    • Most Influential People in Security
    • The Security Benchmark Report
    • Top Guard and Security Officer Companies
    • Top Cybersecurity Leaders
    • Women in Security
  • SECTORS
    • Arenas / Stadiums / Leagues / Entertainment
    • Banking/Finance/Insurance
    • Construction, Real Estate, Property Management
    • Education: K-12
    • Education: University
    • Government: Federal, State and Local
    • Hospitality & Casinos
    • Hospitals & Medical Centers
    • Infrastructure:Electric,Gas & Water
    • Ports: Sea, Land, & Air
    • Retail/Restaurants/Convenience
    • Transportation/Logistics/Supply Chain/Distribution/ Warehousing
  • EVENTS
    • Industry Events
    • Webinars
    • Solutions by Sector
    • Security 500 Conference
  • MEDIA
    • Interactive Spotlight
    • Photo Galleries
    • Podcasts
    • Polls
    • Videos
      • Cybersecurity & Geopolitical Discussion
      • Ask Me Anything (AMA) Series
  • MORE
    • Call for Entries
    • Classifieds & Job Listings
    • Continuing Education
    • Newsletter
    • Sponsor Insights
    • Store
    • White Papers
  • EMAG
    • eMagazine
    • This Month's Content
    • Advertise
  • SIGN UP!
Leadership & ManagementSecurity Leadership and Management

Balancing the First Amendment with Brand Reputation after Breaches

By Jerry J. Brennan, Lynn Mattice
March 1, 2015

Over the last several years, it has become commonplace for the media to publish information based on electronic materials that have been removed or copied either by organizational insiders and/or external people or groups. The publication of this type of material has impacted individuals, public and private organizations and various government agencies. While it is important for a free society to have the benefits of a free press serving as one of the checks and balances to protect citizens from abusive practices, we may have reached a point where we should re-examine how this is practiced. Are our criminal and civil statues effective on these issues? 

Today, with very little exception, news and media outlets deliver content to their targeted audience with the intent of receiving financial gain through sales and advertising. Editors, producers and reporters remain in their roles and advance their careers based on a variety of factors supporting the monetary advancement of their organization. 

If media utilize property or materials they know to be – or that a reasonable person would conclude are highly likely to have been – acquired in direct conflict with criminal or civil statues, are they not, in effect, profiting from either a crime or a tort? Those of you who have served in law enforcement have many times seen someone arrested and convicted for possessing and/or selling stolen property, and even the media themselves have hosted television shows of police “sting operations.”  Is this not the same issue by a different name?

Admittedly, there is the argument that stolen physical property is easier to legislate because the owner is permanently deprived of it. If we are going to address the issue of intellectual property and the ease in which thousands of terabytes of data can be copied, we must address all the contributing elements in order to discourage the utilization of such information as well as the wrongful acquisition of it.

Going forward, ethically, should we encourage a standard that is contrary to the rule of law that excludes the presentation of evidence based on illegal search and seizure? If the police cannot use such materials, why is it acceptable for a person or organization to profit from using it?  Just because an individual or organization doesn’t like how a government agency or public corporation are legally performing their activities, is it acceptable to obtain and then publish (sell) material the person or entity does not have a legal right to? 

An additional question must also be asked:  Are there exceptions that should be taken into account? Yes there are, and there have been a number of circumstances in which the disclosure of information pertaining to illegal acts has served the public interest and exposed illegal conduct by corporate and government leaders. 

However, this should be examined carefully. Consideration must be given to utilizing other, less nefarious means to obtain the information and ensure the assumptions are factual and have not been cherry picked to support a personal or political cause.  

This is a particularly slippery slope when it comes to government programs and activities that have been duly authorized and funded. Selective amnesia on the part of elected leadership seems to be an ongoing epidemic. However, protection of these assets is expected, and there are growing legislative requirements. 

Now more than perhaps at any other time in history, private information, intellectual property and the work products of individuals and all organizations are under attack. The results of these breaches, incidents and losses due to a wide range of issues are significant negative economic impact that can further cause harm. Additionally, it is challenging and very costly for organizations to address this via our civil and criminal courts. 

The media is supported in the protections of their copyrights and content. However, no individual or company should profit from the use of another’s intellectual property unless they have been rightly granted access to it. To do nothing facilitates this trend of gaining from the property of others, and conveys subtle encouragement with the goal of feeding public voyeurism. There should not be two standards in play.    

KEYWORDS: brand security cyber attack data breach intellectual property protection intellectual property security

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Brennan 2016 200px

Jerry Brennan is co-founder and Chief Executive of the Security Management Resources Group of Companies (www.smrgroup.com), the leading global executive search practice focused exclusively on corporate and information security positions.

Mattice 2016 200px

Lynn Mattice is Managing Director of Mattice & Associates, a top-tier management consulting firm focused primarily at assisting enterprises with ERM, cyber, intelligence, security and information asset protection programs. He can be reached at: matticeandassociates@gmail.com

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • Iintegration and use of emerging tools

    Future Proof Your Security Career with AI Skills

    AI’s evolution demands security leaders master...
    Security Leadership and Management
    By: Jerry J. Brennan and Joanne R. Pollock
  • The 2025 Security Benchmark Report

    The 2025 Security Benchmark Report

    The 2025 Security Benchmark Report surveys enterprise...
    The Security Benchmark Report
    By: Rachelle Blair-Frasier
  • The Most Influential People in Security 2025

    Security’s Most Influential People in Security 2025

    Security Magazine’s 2025 Most Influential People in...
    Most Influential People in Security
    By: Security Staff
Manage My Account
  • Security Newsletter
  • eMagazine Subscriptions
  • Manage My Preferences
  • Online Registration
  • Mobile App
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Security audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Security or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • critical event management
    Sponsored byEverbridge

    Why a Unified View Across IT, Continuity, and Security Makes or Breaks Crisis Response

  • Charlotte Star Room
    Sponsored byAMAROK

    In an Uncertain Economy, Security Is a Necessity - Not an Afterthought

  • Sureview screen
    Sponsored bySureView Systems

    The Evolution of Automation in the Command Center

Popular Stories

Cybersecurity trends of 2025

3 Top Cybersecurity Trends from 2025

Red laptop

Security Leaders Discuss SitusAMC Cyberattack

Green code

Logitech Confirms Data Breach, Security Leaders Respond

Neon human and android hands

65% of the Forbes AI 50 List Leaked Sensitive Information

The Louvre

After the Theft: Why Camera Upgrades Should Begin With a Risk Assessment

Top Cybersecurity Leaders

Events

September 18, 2025

Security Under Fire: Insights on Active Shooter Preparedness and Recovery

ON DEMAND: In today’s complex threat environment, active shooter incidents demand swift, coordinated and well-informed responses.

December 11, 2025

Responding to Evolving Threats in Retail Environments

Retail security professionals are facing an increasingly complex array of security challenges — everything from organized retail crime to evolving cyber-physical threats and public safety concerns.

View All Submit An Event

Products

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

See More Products

Related Articles

  • Don't Gamble with Your Future!

    See More
  • Laying the Groundwork to Become an Effective Influencer

    See More
  • SEC0421-Career-Feat-Slide1-900px

    Positive brand reputation will advance your security career

    See More

Related Products

See More Products
  • security culture.webp

    Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

  • Risk Analysis and the Security Survey, 4th Edition

  • Physical Security and Safety: A Field Guide for the Practitioner

See More Products
×

Sign-up to receive top management & result-driven techniques in the industry.

Join over 20,000+ industry leaders who receive our premium content.

SIGN UP TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing