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What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a...more

Courts Defer to Individual Privacy Interests by Requiring Warrant To Obtain Cell Phone Data and Cell Site Records in Riley and...

Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in...more

U.S. Supreme Court: Warrant Generally Required to Search Information on a Cell Phone, Even Incident to Arrest

The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more

Riley v. California Advances Individual Privacy Rights in this Digital Age

Employee privacy rights may have received a boost from the U.S. Supreme Court at the end of this year’s term. In Riley v. California, the most recent in a series of criminal search and seizure cases involving technology, the...more

Uniform Fiduciary Access to Digital Assets Act (UFADAA)

On July 16, 2014, the Uniform Fiduciary Access to Digital Assets Act (UFADAA) was passed by the Uniform Law Commission. My colleague Gene Hennig and I originally proposed this uniform law in May of 2011, and I’m very happy...more

Supreme Court to Protect Information on Cell Phones

The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of...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

One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

According to the French Data Protection Authority’s (“CNIL”) recently issued activity report for 2013, the CNIL was especially busy in 2013. The main topics addressed by the CNIL in 2013 were the creation of a national...more

Digital Privacy’s New Age: Supreme Court Turns off Google’s Radio After Holding That We Are Our Cell Phones

In another installment of “Google does WHAT?!?,” the Supreme Court on June 30 rejected the Silicon Valley giant’s bid to stop a lawsuit accusing the search company of wiretapping. You read that right. Wiretapping....more

Internet of Things and Cybercrime – what risks?

The Internet of Things is expected to lead to 50 billion connected devices by 2020 collecting and exchanging personal data about their users, their lives, their preferences and tastes. This will lead not only to relevant data...more

Five Lessons for Employers from California v. Riley

In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a...more

Editorial: High Court Is Swinging Pendulum Back On 4th Amendment

Fourth Amendment law is anything but static. If one surveys the jurisprudential landscape over the last 50 years, there are three amendments that the U.S. Supreme Court cannot leave alone: the First, the Fourth and the Fifth....more

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

In Riley, Supreme Court Sets Mobile Device Privacy Expectations

In a recent decision with significant implications for smart phone users’ privacy expectations, the Supreme Court, in Riley v. California, unanimously rejected the application of the “incident to arrest doctrine” to law...more

United States Supreme Court: Warrants are required to search digital data on seized cell phones

On June 25, 2014, in Riley v. California, a unanimous United States Supreme Court held that the Fourth Amendment requires that police obtain a warrant prior to searching the digital data found on an arrested suspect’s cell...more

U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy

The U.S. Court of Appeals for the Eleventh Circuit recently considered whether cell site location data is protected by the Fourth Amendment. On June 11, 2014, the court issued its decision in favor of privacy rights: the...more

Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy

The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more

Supreme Court Rules That Police May Not Search Cell Phones Without A Warrant

One of the fundamental liberties protected by the Bill of Rights is freedom from unreasonable searches. The Fourth Amendment reflects the concern that “We the People” should not be subjected to intrusive searches of our...more

In Riley v. California, Supreme Court Rules Police Must Obtain Warrant before Searching Cell Phones

In a unanimous decision issued last week, the Supreme Court ruled that police cannot search the cell phones of arrested individuals without a warrant. In reaching its decision, the Court recognized that there is an immense...more

A Victory for Personal Information Privacy

In a stunning victory for Fourth Amendment rights and personal information privacy generally, the United States Supreme Court in Riley v California has held that police may not search an arrestee’s cell phone without a...more

U.S. Supreme Court: Police Must Obtain Warrant Before Searching Cell Phones

In a decision that changes the way law enforcement officers collect electronic information, the U.S. Supreme Court ruled in Riley v. California, 573 U.S. ___ (2014), that officers may not search a cell phone incident to a...more

Landmark Supreme Court Ruling Protects Cell Phones from Warrantless Searches

On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice John Roberts authored...more

How to protect your business against cyber crime

The Internet is an amazing thing. People can gather and share information. You can market and sell goods. You can communicate in real time with people on the other side of the world. ...more

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