Civil Procedure Privacy Criminal Law

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New York’s Shield Law Follows New York Reporters Wherever They May Roam

On Dec. 10, 2013, the New York Court of Appeals resoundingly reaffirmed the important public policy underlying the New York statutory scheme that allows New York journalists to preserve the anonymity of their confidential...more

Discovery Evolutions Hold Promise for Greater Privacy Benefits for Litigants

For most civil litigants, discovery is an unprecedented invasion of privacy. Private letters, notes to one’s self, off-the-cuff emails, financial details and transactions, photographs, and all other forms of memorializing...more

Matthew Chan v Linda Ellis

Court of Appeals of the State of Georgia Order

Matthew Chan filed this appeal from a stalking permanent protective order entered against him. He now asks that we transfer the case to the Supreme Court because one of the issues on appeal will be whether the trial court’s...more

Matthew Chan v Linda Ellis

Brief of Amicus Curiae Timothy B. McCormack

Pursuant to Rule 26, Mr. Timothy B. McCormack hereby submits this Brief of Amicus Curiae in support of Appellee Linda Ellis (“Ellis”). Mr. McCormack is an attorney licensed in the State of Washington and other state and...more

Matthew Chan v Linda Ellis

Brief of Appellee Linda Ellis

Appellee Linda Ellis (hereafter, “Appellee”, “Linda Ellis”, or “Ms. Ellis”) respectfully responds to the Brief of Appellant (hereafter, “Appellant” or “Chan”) appealing the Stalking Permanent Protective Order issued pursuant...more

Serving Process, User Harassment and Misappropriation of User Likenesses: A Review of Recent Cases Involving Facebook

Along with Google, no entity is more ubiquitous on the internet these days than Facebook. Expectedly, the social networking giant, which was recently valued at over 100 billion dollars, has found itself involved in a surfeit...more

Has Katz Become Quaint? Use Of Big Data To Outflank The Fourth Amendment

Introduction - On December 14, 2010, a federal court, upon a government motion, entered an order pursuant to the Stored Communications Act (SCA) requiring Twitter to turn over to the government subscriber information...more

Governmental Authority in Accessing Private Information of Internet Users in China

The revelation of the U.S. mass data collection program PRISM has triggered a worldwide discussion about the government’s access to the private communications of Internet users....more

BB&K Police Bulletin: Public Records - Pitchess Motion Not Required to Disclose Officers Named in Independent Report

Overview: A California appellate court recently upheld the release of two reports disclosing the names of UC Davis police officers who were videotaped pepper spraying nonviolent, seated protestors at close range. ...more

Think Your Tweets are Private? Think Again

Many mistakenly believe that their tweets and other social media posts are private and are protected at least to some degree from court-ordered production. However, that is not reality, at least for public tweets. Recently,...more

OCC Seeks Reconsideration Of Order Requiring Disclosure Of Non-Public Documents Related To Bank’s AML/CTF Compliance

On April 24, the U.S. District Court for the Southern District of New York stayed an order that would have required a bank to disclose non-public supervisory information subject to the bank examination privilege. Wultz v....more

Court Denies Motion for Class Certification in Hannaford

In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Fourth Circuit Affirms Marital Privilege Does Not Apply To Emails Exchanged Using Employer’s Computer

On December 13, the U.S. Court of Appeals for the Fourth Circuit held that the marital privilege does not protect information included in emails exchanged via a spouse’s employer-owned computer and network. United States v....more

Can Twitter Protect a User’s Information?

Data obtained from social networking websites continues to become more essential to developing a parties’ case. Production of that data, however, has become more burdensome for the companies developing the technology. For...more

What is the result if I do not comply with a court order?

If you are unsure how to comply with a court order or have been accused of contempt of court or are wondering what could happen if it is found that you did not comply with a court order, then you want to give this your...more

Voir Dire in the Age of Google

With the click of a mouse, trial attorneys may gain much more information about a potential juror than a typical juror questionnaire provides. As social networking sites, blogs and Internet forums become a pervasive part of...more

"Exposing Injustice or Airing Gossip? How U.S. Criminal Law Should Look at WikiLeaks"

Rarely does a single news story raise as many compelling legal quandaries as does the recent disclosures of confidential government information by WikiLeaks. Besides raising numerous questions with no clear answers —such...more

In Re National Security Agency Telecommunications Records Litigation (this document relates only to Center For Constitutional Rights v. Obama)

Plaintiffs' Reply Memorandum In Support Of Motion For Summary Judgment

This case is brought by the Center for Constitutional Rights on behalf of lawyers and others working with the Guantanamo Bay prisoners. It is based on the chilling effect on their ability to defend their clients due to the...more

Lawyers Spy on FaceBook? Watching the Detectives….

Here’s the situation: a witness is heavily involved in social media such that she will “friend” anyone that asks. Some have wondered whether an attorney or her assistant could use their real identity and gain access to, for...more

Jewel, et al. v. National Security Agency

Notice of Appeal

n Jewel v. NSA, EFF is suing the NSA and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications...more

Data Privacy in China: Civil and Criminal Law Developments

Data Privacy in China: Civil and Criminal Law Developments China, like many jurisdictions, has been grappling with the issue of how to protect personal information anddata at a time when information tools are becoming...more

Long Haul Inc., et al., v. Regents of the University of California, et al.

Stipulation and Order Re: Dismissal of First Amendment Claims Against University Defendants

EFF and the ACLU of Northern California filed suit in federal court on January 14, 2009 to protect the privacy and free speech rights of two San Francisco Bay Area community organizations after the groups' computers were...more

Long Haul Inc., et al., v. Regents of the University of California, et al.

Order Re: Defendants' Motions To Dismiss

EFF and the ACLU of Northern California filed suit in federal court on January 14, 2009 to protect the privacy and free speech rights of two San Francisco Bay Area community organizations after the groups' computers were...more

Jewel v. NSA

Order

In Jewel v. NSA, EFF is suing the NSA and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records....more

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