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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

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

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

No Warrant Needed For Cellphone Data, Federal 5th Circuit Judges Rule

A panel of three federal judges ruled on Tuesday, July 30, 2013, in a 2-to-1 decision that police officers in the Fifth Circuit need only a court order (not a search warrant) to obtain access to locational data from your cell...more

New Enforcement Guidance from the UK’s Information Commissioner’s Office

(LONDON) Who is on the ICO’s radar these days? August seems to be the month for getting new guidance documents out the door at the United Kingdom’s Information Commissioner’s Office. The UK ICO has just published guidance...more

BB&K Police Bulletin: Public Records - Pitchess Motion Not Required to Disclose Officers Named in Independent Report

Overview: A California appellate court recently upheld the release of two reports disclosing the names of UC Davis police officers who were videotaped pepper spraying nonviolent, seated protestors at close range. ...more

Think Your Tweets are Private? Think Again

Many mistakenly believe that their tweets and other social media posts are private and are protected at least to some degree from court-ordered production. However, that is not reality, at least for public tweets. Recently,...more

Twitter v. Manhattan DA Fight Unfortunately Ends with a Whimper

Last Friday, Twitter’s battle with the Manhattan District Attorney over a subpoena for an Occupy Wall Street protester’s tweets came to an anti-climactic end as the New York appeals court dismissed Twitter’s appeal of a...more

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more

Context, Content And Privacy In Warrantless Searches Of Cell Phone And Cameras

Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters. Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more

Supreme Court Rules Text Messages are Private Communications

The Supreme Court of Canada in R v. Telus has ruled that text messaging is essentially another form of conversation and should receive the same protection to which private communications are entitled under the Criminal Code....more

Pilfered Funds & The FCC’s Online Political Public File Rule: The Law Of Unintended Consequences

In recent months, a number of media buyers have had funds stolen from their bank accounts. Even after repeatedly opening and closing accounts to stop the theft, tens of thousands of dollars have been diverted to accounts...more

How to Protect Your Company From Hackers [Video]

March 8 (Bloomberg Law) -- With reports of corporate espionage and hacking on the rise, the US government and private companies need to take steps to prevent the loss of trade secrets and threats to national security says...more

App Law & Privacy

Several recent stories have highlighted the concerns over personal information, privacy and the reach of mobile apps. Once again, the law is labouring to keep up with technology....more

New Michigan Law Prohibits Employers From Asking Applicants And Employees For Access To Personal Internet Accounts

The apparent practice by employers of requesting access to employees’ and applicants’ social media accounts, such as Facebook and Twitter, has led the state of Michigan to pass the Internet Privacy Protection Act (PA 478 of...more

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