Electronic Communications

News & Analysis as of

EU High Court Strikes Down Data Retention Law

On April 8, 2014, the highest court in the European Union invalidated an EU law that required telephone and electronic communications providers to retain user data for up to two years....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

EU High Court Overturns Telecom Data Retention Requirements

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national...more

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of...more

ITC Reasserts Jurisdiction over Electronic Transmissions in Digital Models

On April 3, 2014, the International Trade Commission (the ITC or the “Commission”) released an opinion in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental...more

City Officials Dodge Disclosure of Private Emails and Texts Under Public Records Act

In a case that seems sure to jump-start legislative activity in Sacramento and throughout the state, the court in City of San Jose v. Superior Court (6th App. Dist., Mar. 27, 2014), held that communications regarding City...more

Mainebiz Real Estate Insider: “But I Didn’t Sign Anything” – How Electronic Communication Can Lead to Unexpected Contracts

In a recent Maine case, McClare v. Rocha, the state’s highest court taught us how dangerous email exchanges can be. This case brought to light an issue: whether an exchange of emails between lawyers can create a contract for...more

FINRA Files Proposed Amendments to Communications Rules

FINRA filed with the SEC proposed amendments to FINRA Rule 2210, related to communications with the public, and FINRA Rule 2214, which sets forth requirements for the use of investment analysis tools (the “Amendments”). ...more

Manipulating User Postings Removes Service Provider from CDA Immunity

As detailed on this blog before, the immunity from "publisher or speaker" liability for interactive computer service providers under the Communications Decency Act (CDA) is broad and generally encompasses a wide variety of...more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

Workplace Privacy in the Digital Age

The blended use of technology for both professional and personal communication has had a significant impact on workplace privacy. Gone are the days when all an employer knew about an employee was what could be observed during...more

Communications Between Experts Discoverable in Inter Partes Review

Given the rarity of a granted Motion for Additional Discovery, it is worth noting the circumstances of the Board’s decision in Apple Inc. v. Achates Reference Pub., Inc., IPR2013-00080; -00081 (Paper 58), wherein an exchange...more

Instant messaging rules needed after $ 33 bn loss?

Apparently phone carriers lost $ 33 bn due to instant messaging apps and after Facebook’s acquisition of WhatsApp, telecom companies are calling for stringent regulations on instant messaging apps, but how are they currently...more

Opened, Web-based Emails Are “Electronic Storage” as Defined by the Stored Communications Act (Massachusetts)

Cheng v. Romo, 2013 WL 6814691 (D. Mass. Dec. 20, 2013). In this action, the plaintiff sued defendant for accessing the plaintiff’s web-based emails without authorization under the Stored Communications Act (SCA). The...more

Week in Review - February 28, 2014

Facebook, iMessages, WhatsApp, Snapchat, Twitter, Instagram, Telegram, Confide, MessageMe, Popcorn, Glide, Tango, Viber, Whisper. . . . According to a recent post on the New York Times Bits blog, these are just some of the...more

5 Tips for Creating an Effective Electronic Communications Policy

Over 80% of business correspondence was in the form of email in 2012, with 89 billion messages sent and received each day. This raises the very real and immediate possibility of security breaches arising from employee errors...more

So Now, Finally, You Can Communicate And Transact With Customers Electronically! An Insurer’s Guide To The Uniform Electronic...

The changes to electronic communication introduced into the Insurance Contracts Act 1984 (“ICA”) by the Insurance Contracts Amendment Act 2013 (“ICAA”) mean that insurers are now able to take advantage of the provisions of...more

Russia Joins International Convention On Electronic Communications In International Contracts

On January 17, the Russian Federation became the fourth party to the United Nations Convention on the Use of Electronic Communications in International Contracts, joining The Dominican Republic, Honduras, and Singapore. The...more

Google Case Provides Spoliation Exception to Living Document Safeguard

Google has come under scrutiny in the last few years over collecting information from users’ email accounts to provide targeted advertising for its paid clients. ...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

CASL Regulations: At Last

Industry Canada released its final regulations to Canada’s anti-spam legislation (CASL) on December 4, 2013. Bottom line: Canada’s new anti-spam law will take effect on July 1, 2014, and it includes significant...more

The U.S. data privacy debate, in a nutshell

Do you want a comprehensive overview of the data privacy debate in the United States? Well, the Government Accountability Office has written one — just for U.S. Sen. Jay Rockefeller (D-WV), his Senate Commerce Committee, and...more

Thoughts on the Stored Communications Act, Federal Preemption and Supremacy, and State Laws on Fiduciary Access to Digital...

As of the date of this posting, seven states have recently passed laws and at least eighteen other states are considering new laws granting fiduciary access to an incapacitated or deceased person’s online accounts and other...more

Pennsylvania adopts ORSA as well as new provisions clarifying when insurance policies and related documents can be delivered...

On Friday, October 25, 2013, Governor Corbett signed HB 1481 into law, which adopts provisions of the NAIC’s Own Risk and Solvency Assessment Model Act (ORSA). HB 1481 also gives much needed direction to Pennsylvania insurers...more

Electronic Communications and Open Meeting Laws

Many aspects of the revolution in electronic communications fall into the proverb: The more things change, the more they stay the same. Electronic communications may be faster and may make it easier for multiple individuals...more

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