BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Unique Privacy Concerns for Mobile Apps
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases,...more
It seems logical to think that leasing dark fiber is not a telecommunications service. Dark fiber is only a component of a service, not a service unto itself. It may therefore come as a surprise to know that the FCC (and the...more
In a recent New York case, Zaratzian v. Abadir, a former wife, filed a lawsuit against her former husband and his attorney alleging they violated the Wiretap Act and Stored Communications Act when she discovered that her...more
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
A Stored Communications Act (SCA) search warrant case arising out of a New York federal narcotics trafficking investigation is being closely watched by EU data protection authorities, privacy advocates, multinational...more
If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more
Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more
Social media commentators can be feral. This is largely due to a psychological phenomenon known as the online disinhibition effect. The relative anonymity of social media communications, for some, opens the door for cruel and...more
On August 12, the U.S. District Court for the Northern District of California dismissed for failure to state a claim a putative class action alleging that a digital wallet provider made unauthorized disclosures of user...more
On 31 July, the chief judge of the Southern District of New York delivered the latest in a series of controversial judgments stemming from a test case brought by Microsoft in an extra-territorial warrant issued under the U.S....more
Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails....more
The U.S. Court of Appeals for the Eleventh Circuit recently considered whether cell site location data is protected by the Fourth Amendment. On June 11, 2014, the court issued its decision in favor of privacy rights: the...more
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
Last Friday, in the Southern District of New York, U.S. Magistrate Judge James C. Francis IV compelled extensive production of the contents of an unnamed user’s email account stored on a Microsoft server located in Dublin,...more
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
The Fast Laner has previously addressed the headaches accessing employees’ social media accounts can create for employers, and a recent Northern District of Illinois case suggests those fears are well-founded. In Maremont v....more
Tempted to snoop on someone’s emails; perhaps to gain advantage in a dispute? DON’T DO IT. The Stored Communications Act (“SCA”) prohibits unauthorized access to web-based email accounts.
A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash a subpoena it had received to...more
If you have a business with a social media footprint (and what business doesn’t, these days), ask yourself this question: "How confident are you that you own the social networking accounts through which you are building your...more
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
According to a February 21, 2014, news release, Facebook has made two updates to its policies regarding the accounts of deceased users.
Previously, Facebook allowed one of two options for a deceased user’s account. ...more
The ever-increasing volume of information that people—your current employees, former employees, and job applicants—publish through the use of social media, email, tweets, and other types of electronic posts can be helpful in...more
The gyms are packed, the diet cookbooks are flying off the shelves, and smokers are struggling to kick the habit. It’s the resolution season, and surveys say half of the top 10 most popular new year’s goals aim for better...more
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
In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more
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