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Judicial Redress Act Passes House; May Aid New U.S.-E.U. Safe Harbor

On October 20, the U.S. House of Representatives passed the Judicial Redress Act (the “Act”) to allow European Union residents to challenge certain privacy violations by the U.S. government in U.S. courts. If passed by the...more

California Law Enforcement and Industry Gain Procedural Certainty with Historic Cal-ECPA Bill

On October 8, 2015, Governor Jerry Brown of California signed into law Senate Bill 178, known as the California Electronic Communications Privacy Act (Cal-ECPA). Cal-ECPA mandates that California law enforcement agencies...more

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

California Joins Other States with the Passage of CalECPA

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

EU and U.S. Reach “Umbrella Agreement” on Data Transfers

The EU and U.S. reached an agreement on Tuesday (9 September) which will enable the two sides to exchange personal data during criminal and terrorism investigations....more

French National Assembly Adopting Surveillance Legislation

On 5 May 2015, the French National Assembly adopted a Bill aiming at reinforcing state surveillance. Several internet players as well as politicians have already raised serious concerns regarding the adoption of this Bill....more

Executive Order Authorizes Sanctions against Cybercriminals

Citing cyberthreats as one of the most serious economic and national security challenges to the U.S., President Obama recently issued an executive order (EO) authorizing the use of economic sanctions against those who...more

Breaking News: Executive Order Signed Relating to “Significant Malicious Cyber-Enabled Activities”

President Obama today signed an Executive Order granting authority to the Department of the Treasury’s Office of Foreign Assets Control (OFAC) to impose sanctions on individuals and entities determined to be “responsible for...more

New Tools for Companies Against Cybercrime

Obama administration proposal would reduce legal ambiguities and allow civil RICO claims. On January 2015, the Obama administration announced a series of proposals to strength­en the country’s response to...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

North Carolina Legislators Look to Criminalize Disclosure of Fracking Fluids

As many states and the federal government look towards calling for greater disclosure and regulation of the chemicals used in hydraulic fracturing, state senators in North Carolina appear to be pushing against the tide in...more

Are Criminal Laws the Right Response to Revenge Porn?  [Video]

July 15, 2014 (Mimesis Law) -- Scott Greenfield, criminal defense attorney and blogger at Simple Justice, talks with Lee Pacchia about some of the problems he sees in passing laws criminalizing revenge porn. In light of the...more

Bitcoin: Regulators and States Out Ahead—Will Congress Follow?

Bitcoin, a decentralized digital currency that facilitates quick exchanges of value, has received steady attention from the media and industry stakeholders. Akin to gold, bitcoins are mined using computers to solve...more

U.S.: Draft legislation aimed at prohibiting internet gambling

Over the weekend, a draft of the “Internet Gambling Control Act” surfaced on the internet. This proposed legislation, attributed by industry websites to the Coalition to Stop Internet Gambling, seeks to expand the scope of...more

On The Radar: Government Unmanned Aerial Vehicles And Their Effect On Public Privacy Interests From Fourth Amendment Jurisprudence...

The utility of Unmanned Aerial Vehicles (UAVs) in military operations and border security is well documented. As the technology becomes more affordable and available, domestic law enforcement agencies, other state and federal...more

SOPA Didn’t Die. It Just Became Soft SOPA.

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

Senate Committee Expands Review Of Virtual Currency Policies

On August 12, Senators Tom Carper (D-DE) and Tom Coburn (R-OK), the leaders of the Senate Committee on Homeland Security and Government Affairs, sent a letter to Secretary of Homeland Security Janet Napolitano regarding...more

Is Edward Snowden a Whistleblower?  [Video]

June 14 (Bloomberg Law) -- Trevor Timm, writer and activist at the Electronic Frontier Foundation, talks with Bloomberg Law's Lee Pacchia about recent intelligence leaks surrounding the NSA's surveillance of American...more

Global Connection - May 2013: iGaming Update

More than 25 years ago, gaming in the United States faced a conundrum as Indian Tribes and States debated the legality of gambling on tribal lands. The issue culminated in a landmark decision in the United State Supreme...more

Bills on Use of Mobile-Device-Location Data Reintroduced

Updating our entry on this issue posted during the last Congress, on March 21, 2013, lawmakers in the House and Senate reintroduced companion bills intended to curb government use of mobile users’ geolocation data. The...more

U.S. Responding To Cyber-Espionage: White House Acknowledges Increasing Threat

No longer cut from the cloth of 007’s expensive suits, fast cars or well-mixed drinks, present-day espionage is carried out, to a great extent, through computer screens, proxy servers and spoofed e-mail addresses. Dubbed...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

Weekly Brief: Hurricane Sandy, GC Donations, Tweeting Fake News [Video]

Nov. 1 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the week's most important legal news. Hurricane Sandy ravaged the East Coast of the United States and legal issues are beginning to emerge. Also, General...more

Swing and a Miss: Senator Klobachur’s Foray into Cloud Computing

On September 19, 2012, Senator Klobachur introduced a bill titled “Cloud Computing Act of 2012” (the “Act”) that would amend the Computer Fraud and Abuse Act (“CFAA”). Essentially, the intent of the Act is to make it a...more

Week in review - September 2, 2011 -- Our top "4" subjects you should know

In This Issue: 1. Third Frontier Advisory Board discusses focus group findings; 2. Prison, turnpike and economic development privatization updates; 3. House study committees meet; and 4. New House member chosen to...more

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