Cell Phones

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 5/14/2013

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

Warrantless Cell Phone Searches – A Look at the Case Law

by Mintz Levin - Privacy & Security on 5/14/2013

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

Ban on Hand-Held Cell Phone Use for Commercial Motor Vehicle Drivers—What Employers Should Know

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

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

by Tim Banks | Dentons on 4/25/2013

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

Big Brother Is Tracking You through Your Cell Phone [Video]

by Lawyers.com on 4/24/2013

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. ...more

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

by Jackie Wernz | Franczek Radelet P.C. on 4/24/2013

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

Cautionary Tale For The Helpful Employee

by Tim Banks | Dentons on 2/26/2013

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

Be Smart with Your Phone

by Pallie Zambrano | McManis Faulkner on 2/21/2013

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 2-15-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 2/18/2013

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

T-E-X-T-I-N-G: K-I-L-L-S

by Law Offices of Robert Olkowitz, P.C. on 2/4/2013

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

FCC Releases A “Smartphone Security Checker” To Help Consumers Protect Their Mobile Devices

by Justin Capuano | Cullen and Dykman LLP on 1/15/2013

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

San Diego Teen Drivers and Cell Phones a Dangerous Mix

by Thorsnes Bartolotta McGuire LLP on 1/14/2013

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

Utah Employment Law Letter - January 2013: Human Resources: This year I resolve to . . . really!

by Darryl Lee | Kirton McConkie PC on 1/11/2013

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

The Middle District Of North Carolina Okays Cellphones (With Cameras!)

by Mack Sperling | Brooks Pierce on 1/11/2013

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

Federal Courts Continue Grappling With Privacy Issues And Employee Communications

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/5/2013

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

Fifth Circuit Holds Data On Personal Cell Phone Not Protected By Stored Communications Act

by BuckleySandler LLP on 1/4/2013

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

No Right To Audio Recording Or Customer Service Representative’s Name: OPC Guidance On Access Rights

by Tim Banks | Dentons on 1/4/2013

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

Employers Won’t Do Jail Time for Snooping Around on Employees’ Cell Phones, But They May End Up Paying for It

by John L. Litchfield | Foley & Lardner LLP on 12/26/2012

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

Pay Attention to This! Distracted Driving in Ontario

by Christopher R. Dawson, Nigel G. Gilby | Lerners LLP on 9/1/2012

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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Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

Warrantless Cell Phone Searches – A Look at the Case Law

Ban on Hand-Held Cell Phone Use for Commercial Motor Vehicle Drivers—What Employers Should Know

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

Big Brother Is Tracking You through Your Cell Phone [Video]

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

Cautionary Tale For The Helpful Employee

Be Smart with Your Phone

Under The Dome: Inside The Maine State House 2-15-13

T-E-X-T-I-N-G: K-I-L-L-S

FCC Releases A “Smartphone Security Checker” To Help Consumers Protect Their Mobile Devices

San Diego Teen Drivers and Cell Phones a Dangerous Mix

Utah Employment Law Letter - January 2013: Human Resources: This year I resolve to . . . really!

The Middle District Of North Carolina Okays Cellphones (With Cameras!)

Federal Courts Continue Grappling With Privacy Issues And Employee Communications

Fifth Circuit Holds Data On Personal Cell Phone Not Protected By Stored Communications Act

No Right To Audio Recording Or Customer Service Representative’s Name: OPC Guidance On Access Rights

Employers Won’t Do Jail Time for Snooping Around on Employees’ Cell Phones, But They May End Up Paying for It

Pay Attention to This! Distracted Driving in Ontario

Big Brother Is Tracking You through Your Cell Phone [Video]

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