Digital Communications

News & Analysis as of

Text on the Dotted Line: A Text Message Can Create a Binding Contract

Here’s another story in the “It never gets easier” file. The Massachusetts Land Court recently decided a case that perhaps we should have all guessed was coming. This is the above the fold headline: Text...more

LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text...more

Controversy looms over ECPA amendment in wake of Orlando terrorist attack

After the terrorist attack in Orlando, Florida, early this month, the Electronic Communications Privacy Act (ECPA) has been discussed quite a bit. The ECPA, a law which took effect in 1986, limits the government’s access to...more

Mobile Telecommunications Technologies, LLC v. Blackberry Corp. (N.D. Tex. 2016)

Electronic Delivery of Messages Equated to U.S. Post Office Services - On May 12, the U.S. District Court for the Northern District of Texas issued an Order in a case captioned Mobile Telecommunications Technologies, LLC...more

Proposed EAS Rules Mark a Greater Role for New Media Platforms and Increased Importance for Social Media in Delivering EAS Alerts

The Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (“NPRM” or “Proposed EAS Rules”) in January, proposing improvements to the Emergency Alert System (“EAS”) and Wireless Emergency Alerts...more

Yahoo refuses to comply with bankruptcy judge’s order to turn over email account

Yahoo is objecting to a Delaware bankruptcy’s order to provide access to one of its email accounts arguing that its compliance would violate the Stored Communications Act. At issue is a Yahoo email account purported to be...more

Digital Information – Now Protected More Than Ever

In the event that you missed it, on October 8th, 2015, California Governor, Jerry Brown, signed into law the California “Electronic Communications Privacy Act” (CalECPA) which requires any California state law enforcement...more

EEOC Expanding Digital Charge Response System

Employers in the Carolinas are by now familiar with the Equal Employment Opportunity Commission’s digital charge processing system. The EEOC chose its Charlotte district office as one of the pilot locations for the new...more

CMA discusses online platform regulation

CMA’s Chief Executive, Alex Chisholm, has given a speech on “platform regulation – antitrust law versus sector-specific legislation” in the digital communications market. He highlighted the need for antitrust law and sectoral...more

Plan Now to Use Off-Band Communications During an Incident Response: Key Points

Your company is in crisis mode in the throes of a security incident response (IR). But you are calmly executing your well-honed IR plan - a plan you developed and tested during mock exercises over the past year. You are...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

Indonesia publishes data protection rule aimed at government agencies

On 14 July 2015, the Indonesian government published the Draft Regulation of the Minister of Communication and Information (RPM) of the Protection of Personal Data in Electronic Systems (‘Draft Regulation’). Pursuant to...more

Encryption: What is it, Why do it!

Encryption is a basic term used to describe the act of encoding data, files, and digital communications such that only those with the cipher could read or understand the information.  Think back to the decoder ring you got in...more

Coders Oppose Government Access To Encrypted Data

A group of top coding specialists published a paper on July 6, 2015, arguing that law enforcement’s desire to access encrypted data is not only unfeasible, but would also possibly imperil the security and privacy of global...more

Sports Media Rights and the Digital Single Market…is your business ready?

On 6 May 2015 the European Commission (the "Commission") published its strategy for a 'Digital Single Market' for Europe. The Commission's communication outlines its grand vision for a Europe in which 'the free movement of...more

Challenging Privilege Assertions: The Use and Abuse of Privilege in Class Action and Complex Litigation

Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document...more

Locke Lord QuickStudy: Medical Marijuana Apps – Illegal Communication Facilities or the Next Big Thing?

A number of recent news articles have discussed the increased activity in the area of technology companies that facilitate the delivery of medical marijuana to patients. For example, according to a recent Forbes Magazine...more

Ofcom launches strategic review of digital communications

Ofcom has today commenced a comprehensive strategic review of digital communications in the UK, with the aim of ensuring that the digital communications market continues to meet the needs of businesses and consumers....more

EU Commission Publishes Work Program for 2015

The European Commission’s work program for 2015 covers 10 actions for 2015, including a “connected digital single market” across the EU....more

Court Denies Plaintiff’s Request for Production of Files in Native Format, but Demands Production of Metadata (New Jersey)

Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014). In this personal injury case, the plaintiff moved to compel production of the defendant’s electronically stored medical records in “native readable format”...more

The FTC Wants to Regulate the Internet of Things, Including Your Car

The FTC recently filed a comment on the National Highway Traffic Safety Administration’s advance notice of proposed rulemaking related to vehicle-to-vehicle communications. The comment left no doubt that the FTC wants to...more

Decree “Sblocca Italia”: News On The Matter Of Lease

Following its publication in the Official Gazette on September 13, 2014, the Law Decree September 12, 2014 no. 133 “Urgent actions for the opening of construction sites, the realization of public infrastructures, the digital...more

Emergency UK Legislation Expands Government Powers to Retain and Intercept Data

On July 17th, the Data Retention and Investigatory Powers Act (“DRIP”) came into effect in the United Kingdom reinstating the Government’s powers to require communication providers to retain traffic data (also known as...more

The customer’s always right – how new UK consumer regulations will affect online digital content providers

On 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations) will come into force and affect any UK businesses selling to consumers. The Regulations,...more

Are Emails, Texts, Tweets, And Other Digital Communications Student Records Under FERPA And State Law?

As schools increase the use of technology to communicate with and about students, questions arise about the intersection between the data created and student records laws, such as the Federal Educational Rights and Privacy...more

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