Civil Remedies Privacy Criminal Law

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20-Day Jail Sentence for Employee who Released Employer’s Confidential Information in Breach of Court Order

In July 2013, Ceridian entered into an agreement with Pendylum Inc. (“Pendylum”) to assist in the delivery of services to Ceridian’s customers. Under the terms of its agreement with Pendylum, Ceridian required that all of...more

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in...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

Bank Agrees to Reimburse Company for Funds Taken Through Online Bank Account Theft

We reported in July on a First Circuit Court of Appeals decision finding that a bank failed to implement commercially reasonable security methods to prevent unauthorized transfers by a criminal that gained the online banking...more

Company computer policies risk becoming obsolete -- Policies must reflect new laws and court decisions on data theft, social...

Have your client companies’ policies kept pace with changes in the law affecting computer technology? New statutes and court decisions relating to computer technology affect every business. Many companies overlook...more

'The Two Limbs of Privacy' 'The Right to Protection of Privacy and Freedom from Harassment' 'Identifying the Emergence of a...

With the recent success of actions for breach of privacy in the Queensland and Victorian District Courts, the codification of invasion of privacy under the Queensland Criminal Code, and the initiation of inquiries into...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

Suing Employees for Computer Fraud Gets Easier

Four recent decisions handed down by four different federal courts of appeals during the past year have, in combination, greatly enhanced the ability of businesses to use the Computer Fraud and Abuse Act (CFAA) as a tool to...more

ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data

For some time now, the American Civil Liberties Union has been concerned about some federal prosecutors’ practice of seeking court orders to track the location of people’s cell phones without probable cause, arguing that this...more

Two Federal Geolocation Tracking Bills Introduced

Bills limiting the use of geolocation information collected from mobile and other devices were introduced in both chambers of Congress in June. The Location Privacy Protection Act of 2011 (S. 1223) and The Geolocation Privacy...more

The 11th Circuit Provides Guidance on Pursuing Ex-Employees Who Steal from Company Computers

This week the 11th Circuit upheld the Computer Fraud and Abuse Act (“CFAA”) conviction and one -year prison sentence of a former Social Security Administration (“SSA”) employee who accessed the...more

Criminal trespass in Massachusetts exists under more than one Massachusetts statute.

We have blogged about what would be referred to as the “general” criminal trespass statute, but there is one specifically addressing those “willfully and maliciously” entering a garden or the like, and destroying or stealing....more

Free Speech Coalition, et al., v. The Honorable Eric H. Holder, Jr.

Plaintiffs' Memorandum in Opposition to Defendant's Motion To Dismiss & Reply To Defendant's Memorandum in Opposition To...

EFF has filed a friend-of-the-court brief urging a federal court judge to block two criminal statutes that unconstitutionally limit the free expression of millions of adults who use the Internet and other electronic forms of...more

Free Speech Coalition, et al., v. The Honorable Eric H. Holder, Jr.

Memorandum in Support of Plaintiffs' Motion For Preliminary Injunction

EFF has filed a friend-of-the-court brief urging a federal court judge to block two criminal statutes that unconstitutionally limit the free expression of millions of adults who use the Internet and other electronic forms of...more

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

Complaint for Injunctive and Declaratory Relief and For Damages; Demand for Jury Trial

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

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