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Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

The Death Of Alexander Hamilton And The Birth Of The American Free Press

Alexander Hamilton has more to do with American independence than you might think. His efforts as a Founding Father (the hottest Founding Father on Broadway, it should be noted) helped the United States achieve political...more

North Carolina Supreme Court Strikes Down Cyberbullying Statute On Free Speech Grounds

In State v. Bishop (June 10, 2016), the Supreme Court of North Carolina reversed a unanimous panel of the Court of Appeals and struck down the state’s cyberbullying statute, N.C.G.S. § 14-458.1 as unconstitutional....more

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

Are Changes in Store for the Stored Communications Act?

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

FDA and Amarin Pharma Reach Milestone Settlement Allowing Off-Label Drug Promotion

A milestone Settlement Agreement was reached March 8, 2016 between the Food and Drug Administration and Amarin Pharma, Inc. that expressly allows Amarin to promote its drug product, Vascepa®, for unapproved – i.e.,...more

Amarin and FDA Reach Settlement Agreement in Off-Label Speech/First Amendment Case

On March 8, 2016, Amarin Pharmaceuticals, Inc. (“Amarin”) and the Food and Drug Administration (“FDA” or the “Agency”) reached a settlement agreement in a closely followed case involving Amarin’s First Amendment rights to...more

Federal Court Orders Apple to Unlock San Bernardino Gunman’s Phone

Apple must help the FBI unlock an iPhone used by one of the attackers in the San Bernardino, Calif. assault in December, a federal magistrate judge ruled this week. The ruling handed the government an important victory in an...more

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

California Reaffirms First Amendment Right to Record Police in Public

As deputy U.S. marshals detained a group of people in Beatriz Paez’s neighborhood, the 34-year-old South Gate, Calif. resident began recording the incident. Video from another camera-wielding bystander rolls as a different...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

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

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

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

Facebook: Friend or Foe? Protecting the Right To A Fair Trial In A World Dominated By Social Media

In an interview before his Spartans were slated to play Duke in the Final Four, Michigan State basketball coach Tom Izzo unabashedly stated, “I don’t think social media is beneficial to any human being on the planet.” ...more

Powers of Regulators Brought Into the Spotlight by High Court Decision - Australian Communications and Media Authority v Today FM...

Recently the High Court of Australia handed down its unanimous decision in Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7 (HCA Decision) which relates to the powers of the Australian...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

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

Apple Strengthens Privacy Protections

Apple recently changed its privacy policy which has made headlines – it will no longer unlock iPhones and iPads for law enforcement. Prior to this change, Apple would assist law enforcement in unlocking Apple devices when...more

A Moment of Simple Justice - Snitching Ain't Easy [Video]

Nov. 3, 2014 (Mimesis Law) -- The DEA gets into the business of making fake Facebook profiles of informants and Scott sorts through the damage....more

Status Updates - October 2014 #10

..Time change. Until now, Twitter has made a clear distinction between people you follow and people you don’t follow: You only saw tweets from those whom you followed. Now, the service, in what it calls a “timeline...more

Status Updates - October 2014 #8

..Doctor in the mouse. What if you could input a list of your current symptoms to Google, and quickly be connected with a doctor for a brief consultation? For a limited trial period, Google seems to have set up such a system...more

Status Updates - August 2014 #6

..Ahead of the law? In Hidalgo County, Texas, a former sheriff has been sued civilly over allegedly illegal campaign contributions. (He was also criminally convicted of money laundering.) At a civil deposition in the case, a...more

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