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Criminal Law Privacy

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SCOTUS to Take On Microsoft Ireland Case: eDiscovery Trends

by CloudNine on

A few months ago, we reported that the Department of Justice had asked the U.S. Supreme Court to overturn that landmark appeals court decision handed down last summer in favor of Microsoft Corp. that put their company data...more

Upcoming Supreme Court Case: Carpenter v. United States

by Morgan Lewis on

On June 5, 2017, the Supreme Court of the United States granted certiorari in Carpenter v. United States, a case in which the court will assess and decide the extent of the Fourth Amendment’s protection against a warrantless...more

Financial crime and investigations update for UK corporates

by Allen & Overy LLP on

The law and practice relating to financial crime and investigations is evolving fast. In the past 18 months we have seen two new Acts aimed at combatting financial crime (including the creation of two new corporate criminal...more

CAS Legal Mailbag Question of the Week – September, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was surprised to receive a letter the other day addressed to me as school principal with the Connecticut Department of Corrections as the return address. I opened the letter and read that it was from...more

Professional Regulatory Alert: Your Career May Be An Open Book: Privacy and Regulatory Investigations

by Field Law on

In dismissing an appeal by an Alberta lawyer who alleged that his Charter rights were violated by an order allowing a law society investigator to search his computers, cell phones, and other electronic devices, the Alberta...more

Pennsylvania District Court Agrees That Google Must Give Up Foreign Server Data

by Bracewell LLP on

On August 17, 2017, a Pennsylvania district court upheld a magistrate judge’s order that Google comply with warrants issued pursuant to the Stored Communications Act (“SCA”) and produce to the FBI data that was stored, in...more

Massachusetts Lawmakers Turn Attention to Cybersecurity

by Mintz Levin on

In the wake of growing concerns about data privacy and cyber threats, Massachusetts lawmakers are increasingly focused on evaluating and improving the state’s cybersecurity policies and information technology infrastructure....more

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

by Jaburg Wilk on

Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

European Court to France: DNA Database Violates Fundamental Rights

by Hogan Lovells on

The European Court of Human Rights decided on June 22, 2017 that France’s DNA database for convicted criminals disproportionately interferes with individuals’ privacy rights because of its one-size-fits-all retention period...more

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

by Moore & Van Allen PLLC on

Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters? According to a federal court ruling, the answer — Yes, but...more

The Ascent Of State Attorneys General As Quasi-Policymakers

by Cozen O'Connor on

Casual observers understand the important and dynamic role that State Attorneys General (“AGs”) play across the country, whether that role is actively enforcing their state’s laws, challenging the federal government, or...more

Privacy Perils: Calamity Con Men

by Bass, Berry & Sims PLC on

It is a sad fact of life that no misfortune is so bad that someone won't try to take advantage of it. Our hearts go out to the victims of Hurricane Harvey, and our gratitude to those offering help to those affected by the...more

Phishing in Flood Waters: Avoiding Hurricane Harvey Cyber Risks

by Jackson Walker on

Unfortunately, it is common for cyber criminals to capitalize on natural disasters. The Department of Homeland Security (“DHS”) warns users to exercise caution in handling any email with subject line, attachments, or...more

The Public Sector Has the Espionage Act, the Private Sector Has Culture

by NAVEX Global on

When it comes to controlling leaks of sensitive information, the government has a huge advantage over private organizations. The federal government can use the Espionage Act to crack down on would-be whistleblowers and has...more

IRS Issues Urgent Warning to Beware IRS FBI Themed Ransomware Scam

The Internal Revenue Service today warned people to avoid a new phishing scheme that impersonates the IRS and the FBI as part of a ransomware scam to take computer data hostage....more

The Carpenter Case and Other Privacy-Related News

by Revision Legal on

As we discussed in the last few weeks, privacy is repeatedly in the news. Washington lawmakers are trying again to update the Electronic Communications Privacy Act, the Stored Communications Act (the “SCA”), and the Pen...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

by Hinshaw & Culbertson LLP on

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In...more

China’s Cyberspace Administration announces first state level investigations under Cybersecurity Law

by Dechert LLP on

China’s Cyberspace Administration announced that it has commenced investigations into Tencent Wechat, Sina Weibo and Baidu Tieba for violation of China’s Cybersecurity Law late last week (11 August 2017). More particularly,...more

Contraband Drone Crashes Near Prison in Washington State

Recently, a drone carrying 16 individual bags of marijuana, cell phones and chargers, two bags of tobacco, and 31 oxycodone pills crashed into the ground near the Washington State Prison yard....more

Company Director Becomes First Ever Convicted Under Hong Kong Privacy Law For Failing To Respond To Investigation Summons

by King & Spalding on

The director of a Hong Kong employment agency was convicted of a criminal offense arising under Hong Kong’s Personal Data (Privacy) Ordinance (“PDPO”) on June 30, 2017. The director pleaded guilty before the Kowloon City...more

Another Rematch Between Tech Companies and the Government over the Territorial Reach of the Stored Communications Act

Lawyers for the tech community are gearing up for argument next month in the U.S. District Court in San Francisco, seeking to overturn another magistrate’s order that requires digital information stored outside of the U.S. to...more

The Fourth Amendment Implications of Sharing Server Space

The prosecution of Martin Shkreli, whom the BBC has called “the most hated man in America,” reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context:...more

DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends

by CloudNine on

A rare two-topic day, but both are notable… Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that...more

Conviction for Economic Espionage, Sale of Trade Secrets to China

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit upheld the first federal jury criminal conviction for economic espionage and theft of trade secrets under the Economic Espionage Act of 1996 (EEA), even though the owner of the...more

Alabama Man Sentenced to Prison for Elaborate “Phishing” Scheme

by Balch & Bingham LLP on

An Alabama man has been sentenced to spend six months in prison for illegally accessing the personal information of over fifty women. For over two years, Kevin Maldonado engaged in a hacking technique called “phishing,”...more

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