Constitutional Law Science, Computers & Technology Privacy

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Court Dismisses Data Breach Class Complaint For Lack Of Standing - May 2015

On May 4, 2015, the U.S. District Court for the Eastern District of Louisiana held that a putative class plaintiff lacked standing to pursue claims against eBay Inc. (“eBay”) arising out of a data breach that occurred in...more

Cell Tower Location Data Privacy Decision Reversed

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell...more

eBay Lawsuit Dismissed

On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data...more

Warrantless Searches of Text Messages: Big Brother in 160 Character Installments

The modern Fourth Amendment jurisprudence surrounding warrantless searches of text messaging is varied and evolving, including issues currently facing Rhode Island and the rest of the nation. My paper focused primarily upon...more

Damned If You Do, Damned If You Don’t: Why The FTC’s Lack of Privacy Regulations May Lead Some Businesses To Abandon Best Data...

I chose to write my privacy law paper on the FTC and its seemingly limitless enforcement authority. Specifically, I argued that the FTC’s lack of clear regulations makes it difficult, if not impossible, for companies to be...more

Wake-Up Call: Second Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal; Defers Injunction While Congress Ponders...

Whatever your opinion of Edward Snowden, the shockwaves from his leaks of classified material continue to roil all three branches of the federal government. The latest wave broke last week when the United States Court of...more

Laptops, Border Checks and The Fourth Amendment

Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted. ...more

Second Circuit Rules National Security Agency’s Collection of Phone Data Unlawful Under USA PATRIOT Act

In ACLU et al. v. Clapper et al., No. 14-42-CV, — F.3d —-, 2015 WL 2097814, (2d Cir. May 7, 2015), the Second Circuit reversed a lower court’s ruling that the NSA’s bulk collection of phone data can be lawfully conducted...more

Eleventh Circuit Court of Appeals: Warrantless Cell Site Data Constitutional

The U.S. Court of Appeals for the Eleventh Circuit, sitting as a full panel, has ruled that law enforcement may acquire historical cell site data information (i.e., past location information) from wireless telecommunications...more

Snowden Strikes Back: Mass Collection of Telephony Metadata Struck Down By the Second Circuit

As post-Snowden America well knows, for some years now the National Security Agency (NSA) has been collecting bulk telephone metadata under the authority of Section 215 of the PATRIOT Act and aggregating it into data banks...more

Privacy and Other Issues Presented by Body Cameras

Body cameras are becoming part of the uniform for certain professionals including police officers and service personnel. These cameras are more than an extension of dashboard cameras for law enforcement; they are more...more

Drone Law (or the Lack Thereof)

The crashing of a drone on the White House grounds among other recent incidents have shown that drones may pose direct threats to our security, but perhaps a greater long-term threat of drones is to our privacy. A collision...more

Supreme Court Grants Cert in Spokeo v. Robins

On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all online privacy cases:...more

Supreme Court to Consider Constitutional Limits on Statutory-Damages Suits

On Monday, April 27, 2015, the Supreme Court agreed to hear an important constitutional case that could dramatically limit the viability of class action lawsuits claiming millions or billions of dollars in statutory damages...more

Federal Courts in the Third Circuit are Following the National Trend and Dismissing Data Breach Cases for Lack of Standing

Data breaches are becoming increasingly common. These incidents have spawned considerable litigation, including class action lawsuits brought by individuals whose personal information has been compromised. But many of these...more

Data Breach Class Actions: Don’t Overlook Standing Defense Just Because Plaintiff Alleges Identity Theft

A New Jersey federal district court recently dismissed the putative class action claims of four plaintiffs against a health care defendant following the theft of two password-protected laptops allegedly containing personal...more

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...more

Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

While sitting for a videotaped deposition, in one of his last public appearances, the late Apple CEO Steve Jobs swiveled impatiently in his chair and answered questions regarding Apple’s digital rights management technology...more

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

Your Business in the Age of Identity Theft and Individual Causes of Action

When your personal data is the subject of a hack attack, what are your rights? The US Supreme Court is considering this very issue in a case before it. On the block is the issue of whether an individual, who may not have...more

US District Court in Pennsylvania Dismisses Data Breach Class Action on Article III Standing

In Storm & Holt v. Paytime, Inc., 1:14-cv-01138-JEJ (MD Penn. Mar. 13, 2015), the United States District Court for the Middle District of Pennsylvania addressed the Article III standing issue of when a cause of action may...more

Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing

Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...more

District Court Dismisses Data Breach Case for Lack of Standing

The US District Court for the Middle District of Pennsylvania recently dismissed a consolidated class action against Paytime, Inc. arising out of a data breach by hackers who accessed the personal and financial information of...more

Presidential Memorandum Outlines Privacy Guidelines For Domestic Federal Use Of Drones

In a recently issued Presidential Memorandum, President Obama included privacy guidelines for the federal government’s use of unmanned aircraft systems (“UAS”) in the United States. Issued on February 15, 2015, and...more

292 Results
|
View per page
Page: of 12

Follow Constitutional Law Updates on:

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×