News & Analysis as of

Electronic Communications Privacy Act

Sanctions Granted against Defendant for Loss of ESI on Laptop and Hard Drive, Denied for iPhone: eDiscovery Case Law

by CloudNine on

In TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, et. al., No. 15-2121 (D. P.R., Mar. 27, 2017), Puerto Rico Magistrate Judge Bruce J. McGiverin partially granted and partially denied the plaintiff’s motion...more

Tech Rally – Industry Giants Back Google's Play to Protect Data

by Bracewell LLP on

On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

Indianapolis Colts Set Their Eyes for Home-Field Advantage in Second Class Action Complaint

by Reed Smith on

As a follow-up to our previous article, the Indianapolis Colts are moving to move venues in a federal class action lawsuit to Indiana. The plaintiff alleges that the beacon technology integrated in the Colts mobile...more

Update: Email Privacy Act Passes House, Again

by Morgan Lewis on

By voice vote on February 6, the US House of Representatives passed the Email Privacy Act that would, among other things, require the federal government to obtain a warrant before compelling service providers to hand over...more

Email Privacy Act Introduced With Bi-Partisan Support in the House

by Jackson Lewis P.C. on

On January 9, 2017, lawmakers in the House re-introduced legislation, the Email Privacy Act, which, if enacted, would require the government to obtain a court-issued warrant to access electronic communications, including...more

Indianapolis Colts Want Class Action on Recording Conversations Moved to Home Stadium

The Indianapolis Colts mobile app is alleged by a putative class to record fans’ private conversations. In the putative class action, the named plaintiff alleges that the mobile app secretly activates the smart phone’s...more

Government Surveillance Under a Trump Administration

by Shearman & Sterling LLP on

As the transition of power from President Barack Obama to President-elect Donald Trump continues, industry and consumer-protection groups continue to scrutinize Trump’s appointments, policy positions and tweets for insight...more

Alert: FCC Releases Sweeping Privacy Order

by Cooley LLP on

The Federal Communications Commission has released a 177-page order detailing new privacy and data security rules. It is important to note that these new rules not only apply to providers of broadband internet access service...more

Class Action Filed Against Indianapolis Colts over App

by Reed Smith on

This month, the Indianapolis Colts, app developer Yinzcam, Inc., and ultrasonic technology provider Lisnr, Inc., were hit with a federal class action lawsuit in Pennsylvania for violating the Electronic Communications Privacy...more

What Happens When My Company Receives a National Security Letter? A Primer

by Orrick - Trust Anchor on

Even today, most companies—even technology companies—do not think they have information that the U.S. Government wants or needs, particularly as it might relate to a national security investigation. The reality is that as...more

Beacons, Basketball and the App that Hears Too Much

What are the privacy limits when users give permission for an app to access their smartphone’s microphone? A purported class action filed last week by LaTisha Satchell (a New York resident) against the Golden State Warriors...more

NBA Team Sued By Fans Over Mobile Application

by Reed Smith on

Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by...more

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

In the Matter of Microsoft: Why It Matters

by Shearman & Sterling LLP on

On July 14, 2016, the Second Circuit released its decision in Microsoft Corp. v. United States, No. 14-2985, slip op. (2d Cir. July 14, 2016). The Second Circuit rejected the Government’s efforts to require Microsoft to turn...more

Second Circuit Holds that the U.S. Government Can’t Order Microsoft to Disclose Customer Emails Stored in Ireland

In a case closely watched by privacy advocates, on July 14, the Second Circuit Court of Appeals held that the Stored Communications Act (“SCA”) does not authorize U.S. law enforcement authorities to order U.S.-based companies...more

DOJ Criminal Chief Continues Push For More Access To Encrypted Data

by King & Spalding on

On June 6, 2016, during a speech at a Cybercrime Symposium co-organized by the Centers for Strategic and International Studies and the Department of Justice’s (“DOJ”) Computer Crime and Intellectual Property Section,...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

KitNipBox Sues Meowbox for Allegedly Hacking Website and Stealing Trade Secrets

Cat product service provider KitNipBox sued rival Meowbox in federal court in Washington alleging that Meowbox hacked into KitNipBox’s website to steal its trade secrets and confidential information and to disrupt its...more

House Sends Email Privacy Act Amendments to Senate

by McGuireWoods LLP on

On April 29, 2016, in a 419-0 vote, the U.S. House of Representatives passed a bill to amend the 30-year-old Electronic Communications Privacy Act of 1986 (ECPA) to eliminate an exception to the government warrant requirement...more

Monitoring Employee Communications: A Brave New World

by Seyfarth Shaw LLP on

Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of...more

Get Off My Cloud: “BYOC” Workplaces Pose Trade Secrets Risks

There’s been a lot of talk in recent years about “BYOD” (“Bring Your Own Device”) policies, which are becoming increasingly common in the workplace. Employees want the flexibility and ease that comes with being able to use a...more

Government Access to Private Data: Microsoft Opens a New Front in the Battle for Consumer Privacy

by BakerHostetler on

Prior to the Information Age, sensitive papers were stored in file cabinets and drawers. When home computers arrived, information was digitized and moved to hard drives or other electronic media, still possessed by the user....more

FCC Proposes Sweeping Privacy and Data Security Rules with Significant Potential Impact on the Broadband Ecosystem

by Kelley Drye & Warren LLP on

On March 31, 2016, the Federal Communications Commission (FCC or Commission) voted along party lines (3-2) to launch a notice of proposed rulemaking (Notice or NPRM) to establish privacy rules for Broadband Internet Access...more

A Closer Look at Cybersecurity Legislation and Regulations in the US and Abroad - United States

by WilmerHale on

Legal Framework - Summarise the main statutes and regulations that promote cybersecurity. Does your jurisdiction have dedicated cybersecurity laws? The United States generally addresses cybersecurity...more

Berkeley students sue Google for mining emails for ads through Apps for Education

Four students attending the University of California, Berkeley, sued Google last week alleging that it violated the Electronic Communications Privacy Act by scanning and mining their emails in order to create advertising...more

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