Big Brother Is Tracking You through Your Cell Phone
A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more
When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail,...more
As the number of smartphones sold in the United States and worldwide overtakes sales of so-called ordinary cells phones, more Americans are using these devices while driving....more
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
Did you know that the government can know your whereabouts by tracking your cell phone? Most police don’t even bother to get a search warrant. Your cell phone carrier will simply voluntarily turn over the information.
In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more
On February 22, 2013, the Office of the Privacy Commissioner of Canada (OPC) released a report of findings in connection with a complaint that an employee at a mobile phone company improperly altered a phone contract of a...more
Look around any conference room, coffee shop or elevator and you will find almost everyone has their smart phone in hand or nearby. While these hand-held devices are still used for talking on the phone, they are also used for...more
Under the Dome: Inside the Maine State House is a weekly update that provides a high-level overview of recent activity at the Maine State House. If you would like more specific information regarding an item in this newsletter...more
Distracted driving is a leading cause of automobile accidents in the United States. Emerging as a fundamental factor in driver error, attention to the road decreases as ownership of mobile communication devices soars. In...more
In the world of electronic data, the information we send and receive is not limited to solely computer generated files, but also includes information stored on mobile devices. As this technology advances, so does the...more
Teen drivers who are distracted because they are talking or texting on a cell phone have become one of the most dangerous causes of motor vehicle accidents. Despite a growing awareness among drivers of the dangers posed by...more
Now that the Christmas rush is over and you’ve indulged in all the excesses of the holiday season, it’s time to make your annual New Year’s resolutions. We’re not talking about resolving to lose 15 pounds or be nicer to your...more
If you are a lawyer practicing in the Middle District of North Carolina, you will be excited about Standing Order #2, issued by the Judges of the Court on January 8th....more
The federal courts continue to evaluate an employee's right to privacy and an employer's right to monitor employee communications and terminate employees based on those communications, whether under common law, statute or the...more
On December 12, the U.S. Court of Appeals for the Fifth Circuit held that the Stored Communications Act (SCA) does not apply to data stored in a personal cell phone and affirmed a district court’s grant of summary judgment to...more
On December 13, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-004 (August 22, 2012) relating to the unauthorized disclosure to an imposter of a cell phone customer’s account...more
Do you ever have that feeling that the cell phone conspicuously pointed in your direction is actually taking your picture? Or, do you worry that a gossipy employee is spreading nasty rumors about you via text messages?...more
Most Ontario drivers are now well aware of the fact that it is illegal to use hand-held devices will driving. Since October 26, 2009, this new law has been in force. The “cell phone while driving ban” was introduced through...more
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