Privacy Criminal Law

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I think my spouse is cheating. Is it a crime to spy on them?

Unexplained absences, secretive phone calls, late nights at the office – all telltale signs that your spouse may be up to no good. With advances in technology it has become easier and easier for suspicious spouses to snoop on...more

Drone on Drones: The (Dated) Law of the Skies

In the 1980s, the Supreme Court issued two decisions that remain the prevailing authority on law enforcement’s practice of warrantless, aerial surveillance. In California v. Ciraolo, the Court held that a police officer...more

Your Client is Hacked and Personal Information is Leaked Online – Now What?

You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from...more

Can the Police Look at My Cell Phone Without a Warrant? #CriminalDefenseAttorney

For the past century, the United States Supreme Court has given the police the right to search (without a warrant) a person who has been legally arrested. See Weeks v. United States, 232 U.S. 383, 392 (1914). Unfortunately,...more

QATAR: Promulgating the Cybercrime Prevention Law

On 15 September 2014, Qatar’s Emir approved Law No. 14 of 2014, The Cybercrime Prevention Law (“Cybercrime Law”). Although it has not yet been published in Qatar’s Official Gazette, the text of the law was published in the...more

Behind the Great Firewall Of Ediscovery In Asia

When dealing with US requests for data subject to ediscovery rules in Asia, corporate counsel at multinational corporations must be on top of their game. Managing ediscovery in the United States alone presents a significant...more

Face video scan can trigger data protection breach?

Data protection breaches of health related sensitive data might occur through a mere video scanning an individual’s face according to a recent research....more

A Moment of Simple Justice - Cameras on Cops  [Video]

Sept. 3, 2014 (Mimesis Law) -- Scott is all for putting personal cameras on police officers will help curb abuse, but expectations, he says, should be tempered....more

California Enacts Smartphone Kill Switch Law to Promote Data Security

This week California enacted into law Senate Bill 962, which requires a “kill switch” on all smartphones that would render the device inoperable. The law applies to all smartphones manufactured after July 1, 2015 and sold in...more

The Police Have The Right To Remain Silent Too: The Supreme Court Rules On The Disclosure Of Police Reports Under The FOIA

The Connecticut Supreme Court has resolved an intense debate about what law enforcement agencies are required to release with regard to arrest records and associated reports. This decision could affect the ability of school...more

Federal District Court Decision in Microsoft Case re Warrants for Content Stored Outside US

On July 31, the district court judge issued a ruling in the case involving the US Government’s warrant issued to Microsoft to compel production of data stored on the servers of its wholly owned Irish subsidiary located in...more

Foreign Data Center Subject to Reach of U.S. Government

Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more

Secret Service Raises Warning About Backoff POS Malware

The Secret Service, which investigates financial crimes, issued a security Alert on July 31, 2014, warning of malware named “Backoff” that was being used to steal payment card data from point-of-sale (POS) systems. The Alert...more

Cybersecurity: How well are Latin American banks protected against cyber attacks?

Inter-American Dialogue's Latin America Advisor asked Marcela Cristina Blanco, associate attorney in Diaz Reus’ Bogota, Colombia office: How Well Do Latin American Banks Protect Against Cyber Attacks?...more

FBI Warning to Health Care Sector Holds True

In April of this year, the FBI issued a Private Industry Notification (PIN) to the health care industry warning of the “likely increase [in] cyber intrusions against health care systems.” In the same month, and into June of...more

Court protects privacy in ruling on warrantless searches of cellphones

Every now and then The Nine agree on something. Among the unanimous rulings the U.S. Supreme Court issued in the final stretch this year was Riley v. California, which held that law enforcement officials may not make a...more

20-Day Jail Sentence for Employee who Released Employer’s Confidential Information in Breach of Court Order

In July 2013, Ceridian entered into an agreement with Pendylum Inc. (“Pendylum”) to assist in the delivery of services to Ceridian’s customers. Under the terms of its agreement with Pendylum, Ceridian required that all of...more

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

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

Federal Prosecutors Bring Criminal Charges against Individual for Alleged HIPAA Violation

Federal prosecutors in the Eastern District of Texas recently brought criminal charges under the Health Insurance Portability and Accountability Act (“HIPAA”) against a former East Texas hospital employee. The former...more

Microsoft loses third round of battle against extra-territorial warrants

On 31 July, the chief judge of the Southern District of New York delivered the latest in a series of controversial judgments stemming from a test case brought by Microsoft in an extra-territorial warrant issued under the U.S....more

Where to Now St. Peter? – Due Diligence Going Forward in China

Whatever you might think of where his career went, Elton John had some great early stuff. I still rank Tumbleweed Connection right up there as one of my favorite albums of all-time. And while it was packed with some great...more

Hackers steal 1.2 billion passwords – 4 steps to take now

The New York Times reported this week that an organized Russian criminal group stole approximately 1.2 billion user name and password credentials associated with more than 500 million email addresses from hundreds of...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

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