Electronic Communications Privacy Act

News & Analysis as of

Strategies for Minimizing Risk of Privacy Class Actions

Businesses are increasingly facing class action lawsuits alleging they have violated someone’s privacy, including under state or U.S. laws. Most states have privacy statutes, including California with its Invasion of Privacy...more

Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)...more

Bipartisan LEADS Act Aims to Protect Data Stored Abroad

On September 18, 2014, Senators Orrin Hatch, Dean Heller and Chris Coons introduced "The Law Enforcement Access to Data Stored Abroad Act" (LEADS), a bill that would amend provisions in the Electronic Communications Privacy...more

Emerging Technologies Push the Boundaries of Privacy Law

As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more

SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...more

Privacy & Cybersecurity - May 2014

In This Issue: - EU Court of Justice Creates Broad Interpretation of the ‘Right to be Forgotten’ - White House Publishes Report on Risks and Opportunities Posed by ‘Big Data’ Practices - California AG...more

Should Have Stayed on The Farm(ville): Class Action Plaintiffs' ECPA Claims Put Out to Pasture

Ah, to be a class action plaintiff these days. One day you’re up, plowing through the Northern District of California on expansive theories of injury, the next you’re down, upended like a top-heavy apple cart by a failure to...more

The Uphill Climb Continues for Privacy Class Actions: Ninth Circuit Affirms Dismissal of Claims Against Facebook, Zynga

On May 8, 2014, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Northern District of California’s decision to dismiss with prejudice consolidated consumer class-action claims against...more

The New Normal: Big Data Comes of Age

On May 1, 2014, the White House released two reports addressing the public policy implications of the proliferation of big data. The first report is by the Executive Office of the President, entitled “Big Data: Seizing...more

White House Issues “Big Data” Report

On May 2, the White House released the much anticipated report on Big Data titled “Big Data: Seizing Opportunities, Preserving Values.” The report focuses on not only privacy and the private sector uses of big data, but also...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

FTC, DOJ Issue Antitrust Policy Statement Encouraging Private Sharing of Cybersecurity Information

The Federal Trade Commission and the Department of Justice yesterday issued a joint policy statement on the sharing of cybersecurity information. Declaring that “properly designed cyber threat information sharing is not...more

In with the New, Part III: 2014 Privacy, Advertising and Digital Media Predictions

Boston-based litigation partner Matt Turnell shares his predictions about class action litigation under the Telephone Consumer Protection Act (TCPA) and Electronic Communications Privacy Act (ECPA) in 2014 and Boston-based...more

Delaware Federal Court Holds No Harm From Third-Party Cookies’ Collection Of Personal Information, Dismisses Broad Consumer...

On October 9, the U.S. District Court for the District of Delaware dismissed a broad, consolidated action against an Internet company alleged to have circumvented an Internet browser’s cookie blocker to collect personally...more

Post Summer Part 3 of 5 - Passive Recipient or Active Trickery?

Last week began this series of five posts to highlight five developments from this past summer in the area of social media and employment law. In Part 3 today: If an employee’s Facebook post can reasonably support an adverse...more

Seventh Circuit Upholds Privacy Class Action under Federal Law

In a notable decision that may lead to an increase in privacy class actions under federal law, the Seventh Circuit in Harris v. comScore, Inc. upheld the certification of a class action for alleged privacy violations under...more

FCC Issues Declaratory Ruling Clarifying That CPNI Rules Apply to Personal Information Stored on Wireless Devices

On June 27, 2013, the Federal Communications Commission (FCC) issued a declaratory ruling in which it clarified that the agency’s Customer Proprietary Network Information (CPNI) regulations apply to customer-specific...more

Texas Enacts Stringent Email Privacy Bill

On June 14, Texas enacted HB 2268, which amends current state law relating to “search warrants issued in [that] state and other states for certain customer data, communications, and other related information held in...more

Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action

In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that...more

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from...more

Advertising Law -- Jan 02, 2013

In This Issue: Does a Virtual Pet Site Violate COPPA?; Legislative Updates: Geolocation bill and VPPA Updates Advance, ECPA Update Stalls; Dunkin’s “Best Coffee” Slogan Can’t Be Trademarked; Takeoff: First California...more

Religious Institutions: October 2012 Update

Most secular and religious corporations have adopted electronic communication policies which state that employees have no privacy interest in their emails and Internet usage. Typically, the policies indicate that the...more

eWorkplace Policies – Social-Media, Privacy & Internet-Security

Traditional concerns for employers have included: harassing or other discriminatory actions; other conduct leading to liability to third-parties; forbidden fraternizing; criminal activity; “frolic and detour” or other...more

23 Results
|
View per page
Page: of 1