Communications & Media Science, Computers & Technology Criminal Law

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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California Gives the Fourth Amendment a 21st Century Makeover

The average American today generates more media than they did at any other point in history, and the ease with which our communications, photos, and videos are sent and stored digitally means most of us have more media stored...more

HIPAA Lessons from the Warner Chilcott Settlement

Last week, the US Attorney’s Office in Boston announced that drug company Warner Chilcott agreed to plead guilty to health care fraud and pay $125 million to resolve criminal and civil liability arising out of allegations...more

Daily Fantasy Sports Industry Could Fall Apart After Scandal

Greenberg Glusker litigation partner Ricardo Cestero was quoted in a Law360 article, Daily Fantasy Sports Industry Could Fall Apart After Scandal, (subscription required), addressing a customer class action filed against the...more

Disgruntled Former Tribune Company Employee Who Aided Hacking Convicted; Could Face Jail Time

On October 7, 2015, former Tribune Company employee Matthew Keys was convicted of three felonies stemming in part from assistance he provided to the hacking collective Anonymous to alter content on the LA Times’ website. ...more

Liability of Online Intermediaries: Consultation Now Open

Earlier this year we outlined the proposals made by the European Commission regarding online intermediaries and their role in tackling illegal content on the internet. If the Commission implements its proposals, this might...more

"The Future of Government Regulation, Enforcement of Off-Label Promotion"

Three years ago, in United States v. Caronia, the U.S. Court of Appeals for the Second Circuit held that the Federal Food, Drug and Cosmetic Act (FDCA) neither prohibits nor criminalizes truthful, nonmisleading speech that...more

Arizona’s Revenge Porn Law Remains on Indefinite Hold

Earlier this year, the Arizona Legislature made major revisions to Arizona’s revenge porn law, Arizona Revised Statutes § 13-1425. Arizona is neither the first nor the only state to prohibit the unauthorized disclosure...more

Landmark Case for Abuse of Personal Data

In the September 9th landmark decision, the Hong Kong Magistrates' Court convicted Hong Kong Broadband Network ("HKBN") of a criminal offence for failing to comply with the direct marketing provisions of the Personal Data...more

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more

SEC, Insider Trading and Cyber Security: An International Hacking—Insider Trading Ring

Cyber security is a key focus for virtually everyone these days. The SEC, for example, has been issuing releases discussing disclosure requirements and offering guidance for a number of years. Prominent issuers have reported...more

The FBI has been busy

The FBI and U.S. Attorney’s Office for the Southern District of New York announced yesterday (July 8, 2015) that VLADIMIR TSASTSIN pled guilty to wire fraud and computer intrusion charges “arising from his operation of a...more

Welcome to the Digital Age, Officer

California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data - The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which...more

The USA FREEDOM Act Heightens the Need for Carriers to Examine their Data Retention Practices

On Tuesday, June 2, 2015, Barack Obama signed the USA FREEDOM Act into law. Among other reforms, the USA FREEDOM Act adopts a series of modifications to federal foreign intelligence gathering statutes and procedures to...more

The Future Of The NSA’s Bulk Telephone Metadata Program

Section 215 of the Patriot Act expires today. Section 215 addresses the Federal Bureau of Investigation’s ability to gather business records. In 2006, after passage of amendments to the Patriot Act, the Bush administration...more

The Communications Decency Act May Disappoint

California boldly made an example out of a felonious website owner who operated a website dedicated to shaming, embarrassing and harassing complete strangers. Following the first-ever prosecution of the operator of a “revenge...more

Seizure of memory cards from digital cameras allowed under plain view doctrine

Courts today are faced with applying traditional Fourth Amendment search and seizure doctrines to twenty-first century digital technology. In one such case, the Massachusetts Appellate Court upheld a lower court’s holding in...more

Privacy & Cybersecurity Update - May 2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

Beware – Price Fixing by Algorithms

So, you’ve designed a great looking poster. Posters are sold all over Twitter and other social media sites, and now you’ve been lucky enough to land a space in Amazon Marketplace. You’re not the only one selling posters, of...more

Protecting Personal Data in China: An Update

Personal data protection legislation has been a widely discussed topic in recent years in China, mainly because employees of institutions that amass personal data of users and clients in the course of their business (such as...more

First Foreign Hacker Is Convicted In The United States Of Hacking Crimes Involving Theft Of Trade Secrets From American Companies

A 22-year-old Canadian hacker has been sentenced to federal prison by a Delaware court for engaging in a conspiracy to break into the computer networks of several large gaming companies, to steal trade secret and other...more

China Update: Privacy Law and Network Security Developments

The past 16 months have been eventful in China in connection with privacy law and network security developments. Key privacy law developments included: .. the coming into effect of new privacy provisions of the...more

Department of Justice Antitrust Division Charges Former E-Commerce Executive with Price-Fixing in First Ever Online Marketplace...

On April 6, 2015, the Department of Justice Antitrust Division announced that David Topkins, a former executive of an e-commerce seller of wall décor, had pled guilty to a one-count felony charge for conspiring to fix the...more

Your Mom and the Courts Agree: Naked Online Pix are Not OK

Since the 1990s and the rise of the Internet and social media, each one of us has become increasingly aware of the risks and dangers of unwanted posts and how fast a “discreet” image can go viral....more

California May Limit Law Enforcement’s Warrantless Data Collection

Eager to retain its spot among the principal laboratories for domestic privacy legislation, California’s legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting...more

A Winnable Fight Against Crimes In Cyberspace

California boldly made an example out of a felonious website owner who operated a website dedicated to shaming, embarrassing and harassing complete strangers. Following the first ever prosecution of the operator of a “revenge...more

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