Criminal Law Communications & Media Privacy

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Emergency UK Legislation Expands Government Powers to Retain and Intercept Data

On July 17th, the Data Retention and Investigatory Powers Act (“DRIP”) came into effect in the United Kingdom reinstating the Government’s powers to require communication providers to retain traffic data (also known as...more

Status Updates - August 2014 #4

..On the right track? Google reportedly will be testing a new method of targeting mobile users, one which connects the company’s mobile web tracking mechanisms with its mobile app tracking mechanisms, thereby allowing Google...more

Status Updates - August 2014 #2

..May a lawyer ethically instruct a client to delete potentially damaging information from a client’s Facebook page? According to a new ethics opinion from the Philadelphia Bar Association, yes, so long as the information is...more

SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...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

Facebook Demands Court Order for Local Threats – Internet Privacy Always Sounds Good In Theory

This weekend The Houston Chronicle reported Facebook did not turn over information requested by local authorities in response to death threats. People have been criticizing social media companies for turning over data to...more

Digital Privacy’s New Age: Supreme Court Turns off Google’s Radio After Holding That We Are Our Cell Phones

In another installment of “Google does WHAT?!?,” the Supreme Court on June 30 rejected the Silicon Valley giant’s bid to stop a lawsuit accusing the search company of wiretapping. You read that right. Wiretapping....more

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

Status Updates - June 2014

..The CIA has entered the realm of social media, setting up a Twitter presence and a Facebook account. There one can find, among other things, reflections on intelligence history and fun facts from the CIA World Factbook...more

California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

The California Supreme Court has held that the names of police officers involved in shootings generally must be disclosed under state public records law, rejecting arguments by police unions and municipalities that the names...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Cyberliability Developments in the Offshore Jursidictions

The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in April 2013 of about...more

Twitter, Evidence, Privacy and Social Media

A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash a subpoena it had received to...more

Your Expectation of Privacy in Your Cell Phone is Currently Governed by the Law of the State in Which You are Arrested

Last year the Washington State Supreme Court considered two cases addressing the expectation of privacy one has when sending a text message. On February 27, 2014, the Washington State Supreme Court ruled in two parallel 5-4...more

Jail Time for Revenge Porn Offenses? [Video]

Mar. 20, 2014 -- Professor Ari Ezra Waldman from New York Law School talks about the need to craft criminal laws designed to fix the problem of revenge porn....more

Google Vividown sets new rules on Internet liability

Internet liability rules as to data protection issues might considerably change after that the Italian Supreme Court decision acquitted 3 Google managers previously convicted to 6 months of imprisonment for a video published...more

Report deems NSA telephone records program illegal

The Privacy and Civil Liberties Oversight Board issued a report today concluding that the National Security Agency’s bulk collection of telephone call records is illegal and should be ended. ...more

Italy’s High Court Upholds Acquittal Of Google Executives In Video Privacy Case

On December 17, Italy’s highest court, the Italian Supreme Court of Cassation, issued a landmark ruling upholding the acquittal of three Google senior executives by the Milan Court of Appeals. Initially, an Italian trial...more

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

Do Not Post What Should Be Kept Private

When you met her during drop-off at your children's school she seemed like such a modest woman, hair pulled back in a pony tail as she kissed her kid goodbye at the classroom door. You never would have guessed what she and...more

Advertising Law -- Nov 27, 2013

FTC Shoots Down COPPA Compliance Request Based on Social Networking - The Federal Trade Commission has denied an application from AssertID seeking the agency's approval of a proposed method of verifiable parental...more

Supreme Court Of Canada To Police: Get A Warrant To Search Computers And Mobile Phones

Yesterday, the Supreme Court of Canada issued a unanimous decision in R. v. Vu recognizing important privacy interests in information stored in a computer or mobile phone. The court held that specific, prior judicial...more

Privacy Monday: October 7, 2013

Despite the government shutdown, the Supreme Court is in for the 2013-2014 session. There are a couple of privacy cases on the agenda. U.S. v. Wurie and Riley v. California - At issue: Separate appeals over...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

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