Electronic Communications

News & Analysis as of

Digital Assets Bill Heading to Florida Senate Floor

We previously told you about the Uniform Fiduciary Access to Digital Assets Act (“UFADAA”) in our post found here. Now, Florida may become the 10th state to legislate fiduciary access to digital assets....more

Rise in Cyberattacks on Professional Services Firms

Wilson Elser’s Cyber Incident Response Team has seen an alarming uptick in cyber-criminal activity targeted at professional services firms, particularly accounting firms. As described in more detail below, the criminal...more

Case Alert: Can Employers Monitor Private Messages Sent at Work?

In Barbulescu v Romania, the European Court of Human Rights (the "ECHR") ruled that an employer may access employees’ private messages sent using the employer’s resources during working hours. Mr Barbulescu’s employer had a...more

Purple Haze Remains Over Employees' Personal Rights on Employer Email Networks

More than a year after the National Labor Relations Board’s (NLRB) momentous Purple Communications, Inc. decision, determining that employers must allow off-duty employees to use the company email system to engage in...more

Online Terrorism Reporting Act Revived In Light Of San Bernardino Shootings

Within hours after a pair of shooters killed fourteen people in San Bernardino, California, reports emerged that one of the perpetrators had sworn allegiance to ISIS immediately before the attack. In the week following,...more

Data Privacy Recommendations for Crafting Employee Monitoring Policies

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned...more

Security Certificate of the Republic of Kazakhstan: the State will be able to control the encrypted Internet traffic of users

On 26 November 2015, amendments to the Law on Communications 2004 (the "Communications Law") were published. One of the amendments introduces national security certificate. From 1 January 2016, all RK communications service...more

NACDS Files Amicus Brief in Support of Petitioner Rite Aid in Consolidated Appeal of FCC’s TCPA Order

On December 2nd, the National Association of Chain Drug Stores, Inc. (“NACDS”) submitted an amicus brief in support of member organization and petitioner Rite Aid in the consolidated appeal of the FCC’s July 10, 2015...more

SEC Enforcement Director Tells House Judiciary Committee That Investigation Agencies Should Not Need Warrants to Access to Email...

On Tuesday, Andrew Ceresney, Director of the Securities and Exchange Commission’s Division of Enforcement, told the House Judiciary Committee that the Email Privacy Act (H.R. 699) and the Electronic Communications Privacy...more

Constitutional Court Provides Clarity on Rights of Licensees to Construct Facilities on Another Person's Land Under the Electronic...

In City of Tshwane Metropolitan Municipality v. Link Africa (Pty) Ltd and Others (CCT 184/14) [2015] ZACC 29, the Constitutional Court confirmed the constitutionality of a provision in the Electronic Communications Act 36 of...more

Opt-in System Introduced in Turkey for Commercial Electronic Communications in E commerce Law

Turkey’s solid and rapidly expanding e-commerce market volume reached 18.9 billion Turkish Liras as of the end of 2014. The Turkish e-commerce sector accounts for 1.6% of the country’s overall retail sector. Even though this...more

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...more

Alert: Videos On A Newspaper Website Could Fall Under The Audiovisual Media Services Directive – Europe's Top Court

The Court of Justice of the European Union (‘CJEU') judgment last month in New Media Online GmbH v Bundeskommunikationssenat, Case C-347/14, has potentially significant implications for any news organisations hosting...more

Handbook Revisions Due

The U.S. Court of Appeals for the District of Columbia sided with the NLRB on 3 common employer policies. These rules violate the NLRA on their face...more

Another Court Deals with Privileged Communications' Ownership after a Corporate Transaction

Most if not all courts recognize that selling a corporation's stock transfers ownership of the corporation's privileged communications. These can include even communications about the sale transaction. Great Hill Equity...more

US China Trade War

The October blog post will be broken up into two parts. This October 15th post will comment on the TPP Agreement signed today and well as President Xi Jinping’s recent trip to the US and my impressions from Beijing, China...more

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...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

The U.S. Senate Judiciary Committee Holds Hearing To Discuss Reforms To The Electronic Communications Privacy Act

The U.S. Senate Committee on the Judiciary held a hearing to discuss reforms to the Electronic Communications Privacy Act (“ECPA”) proposed in Senate bill S. 356, The Electronic Communications Privacy Act Amendments Act of...more

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Rethinking the 24/7 Response

Always connected. Always available. Always responsive. In an era where personal electronic devices have become more of a technological appendage than merely a handy gadget, a growing number of employers are grappling with the...more

New York Banks Agree To Conditions For Use Of New Communication Platform

On Monday, September 14, 2015, four major banks signed agreements with New York’s Department of Financial Services to regulate their use of a new financial messaging platform provided by Symphony Communication Services...more

NYDFS Reaches Agreements with Four Banks on New Symphony Chat & Messaging Platform

On September 14, the New York State Department of Financial Services (NYDFS) announced that it had reached agreements with four financial institutions on record-keeping requirements and other protections intended to help...more

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