Electronic Communications

News & Analysis as of

UK – Proposals to Reform the Electronic Communications Code

Proposals for reform of the Code have gathered pace recently; on Tuesday the Department of Culture, Media and Sport released the Government’s proposals to reform the Code and yesterday it was announced that the new Code will...more

Texts that Bind: Text Messages May Form Binding Real Property Contract

Last month, in St. John’s Holdings, LLC v. Two Electronics, LLC (No. 16 MISC 000090 (RBF)), a Massachusetts Land Court judge held that text messages exchanged between two real estate brokers may be sufficient to constitute...more

In Case You Missed It: Launch Links - May 2016 #2

Some interesting links we found across the web this week: - Pentagon Turns to Silicon Valley for Edge in Artificial Intelligence - Tech companies and law enforcement do not always get along, but the military is...more

New Florida Law Facilitates Access to and Management of a Person's "Digital Estate" After Death

A new Florida law facilitates access to and succession of a person's "digital assets" (that is, electronic records that may include photos stored on online servers, email and online bank accounts) through appointed...more

House Sends Email Privacy Act Amendments to Senate

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

U.S. Companies May Risk Liability Under Canadian Anti-Spam Law

U.S. companies may soon risk litigation for failing to comply with the provisions of Canada’s anti-spam law (CASL) in their electronic communications to Canadian consumers. While this anti-spam law has been in force since...more

Microsoft Sues Justice Department Claiming Statute That Authorizes “Gag Orders” Is Unconstitutional

Adding to the number of recent, high-profile confrontations between the government and tech companies concerning the limits of government investigations and the protection of privacy interests, last week, Microsoft filed a...more

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

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

FTC signs MOU with Canada on Do Not Call and anti-spam enforcement activities

In a sign of increased cross-border cooperation for enforcement purposes, the Federal Trade Commission (FTC) recently signed a Memorandum of Understanding (MOU) with the Canadian Radio-television and Telecommunications...more

The new Polish Surveillance Act – back door for law enforcement

While US mass surveillance is heavily debated across Europe, the new Polish government swiftly moved to adopt a new set of laws which allow Polish law enforcement authorities extensive access to electronic communications. The...more

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

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

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