Criminal Law Privacy

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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

Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate...more

Supreme Court Decision — Warrantless Searches Okay If One Occupant Of Shared Residence Consents

The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. With some exceptions, law enforcement must obtain a warrant based on probable cause before conducting a search of private property or...more

Updated Location Privacy Protection Act Introduced

On March 27, 2014, Senator Al Franken (D.-Minn.) introduced the Location Privacy Protection Act of 2014, a bill that addresses so-called “stalking apps.” While Senator Franken’s intent is to target those apps designed to...more

Illinois Supreme Court Strikes Down State Eavesdropping Statute

The Illinois Supreme Court recently declared unconstitutional a state law criminalizing the recording of conversations without the consent of all parties. However, significant risks remain for companies and individuals in...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

Cybercrime Loses Its Right to Silence

In 2012, the director gen¬eral of MI5 revealed that a London-listed company had lost £800 million as a result of a state-backed cyber at¬tack. The company in question has not been publicly identified and no disclosures were...more

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

Court strikes down Illinois eavesdropping act, opens debate on privacy in the digital age

In two landmark rulings that may prompt further examination of how our laws identify and protect privacy interests, the Illinois Supreme Court has found unconstitutional Illinois’ long-standing electronic eavesdropping act....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

U.S. Patriot Act — Protection Against Attack Or Invasion Of Privacy?

In the aftermath of the 9/11 World Trade Center attack, Congress passed the Patriot Act. At the time, the Patriot Act was publicized as a necessary means of protecting a vulnerable nation. The fact that the law allowed the...more

San Francisco Bans the Box for Private Sector Employers

San Francisco is the most recent U.S. jurisdiction to adopt a “ban the box” ordinance restricting private sector employers’ rights to seek information about an applicant’s criminal history. The San Francisco Fair Chance...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

Cyber Espionage And Insurance Coverage

In the United States alone, it is estimated that the cost of “[c]yber-espionage and other malicious cyber crimes...[i s] between $24 billion and $120 billion annually.” In 2008, the U.S. Department of Defense’s classified...more

Data Protection in Singapore - The Personal Data Protection Act 2012

The Personal Data Protection Act 2012 (Act) was passed by the Singapore Parliament on 15 October 2012 and came into effect in Singapore on 2 January 2013. One major component of the Act was to put in place general data...more

Search And Seizure In Schools

When the police a search a suspect who’s in custody, the law is fairly well established. But what happens if a student is searched on school grounds? The U.S. Supreme Court and the Ohio courts have wrestled with that question...more

Warrant Required To Place GPS Tracking Device On Car

GPS technology can help you find your way home, but can police use it to track your car without a warrant? That’s the question the U.S. Supreme Court addressed earlier this year in United States v. Jones....more

Avoid Identity Theft Tax Troubles

Anyone can become a victim of identity theft, and it can happen anywhere. Michael Stores, Neiman Marcus and Target are simply the latest merchants to report that customer information was stolen. While being a victim of...more

License Plate Readers - A “Real-Time” Tool For Law Enforcement

Most people would agree the chances of solving a crime and catching a felon dramatically increase if law enforcement officials are armed with tools, such as license plate readers, which can scan thousands of license plates...more

FBI Issues Cyber Attack Warning to Retailers: Is Chip and PIN the Answer?

The FBI’s Warning: Point-of-sale (POS) systems are under attack. In the wake of breaches at Neiman Marcus, Target and other stores over the 2013 holiday season, the FBI is now warning retailers to expect similar cyber...more

Cyber Law Tracker: January 28th is Data Privacy Day!

Led by the non-profit group, National Cyber Security Alliance, the first Data Privacy Day was celebrated in the United States in 2008. We here at Pullman & Comley got a jump on celebrating Data Privacy Day with our...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

Ordinance Authorizing Warrantless Inspections of Hotel Records is Unconstitutional

Motel owners challenged a Los Angeles Municipal Code provision requiring hotel guest records to be made available to any Los Angeles Police Department officer for inspection. The United States Court of Appeals for the Ninth...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

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