News & Analysis as of

Wiretap Act

Foreign-State-Sponsored Espionage Not Actionable Under FISA Where Intent to Spy Occurs Abroad

by McDermott Will & Emery on

In concluding that the Foreign Sovereign Immunities Act (FISA) exception for non-commercial torts does not abrogate sovereign immunity where the claimed espionage did not occur entirely in the United States, the US Court of...more

Internet Privacy – ISP Snooping and U.S. Surveillance Laws

by Pierce Atwood LLP on

It’s hard to imagine a world in which the U.S. Postal Service is permitted to peer inside our personal mail, or gather and track the address and other data we place on our mail, and then use and sell what it learns about us....more

Claim For Violation of Wiretap Act Not A Slam Dunk under Spokeo

by Jackson Lewis P.C. on

A motion to dismiss has been filed in a California case filed by a New York woman who claims that the National Basketball Association’s Golden State Warriors violated the Electronic Communications Privacy Act (the “Wiretap...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – November 2016

by Alston & Bird on

Updates on the EU: German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers. On June 7, 2016, the European Commission adopted the EU-U.S. Privacy Shield. One question that many...more

Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

by Pepper Hamilton LLP on

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body...more

Supreme Court Denies Cert in Leading Case on Internet Tracking and Analytics

by Alston & Bird on

The Supreme Court recently declined to review In re Google Inc. Cookie Placement Consumer Privacy Litigation—a consolidated class action alleging that Google and third-party advertisers evaded web browser privacy settings,...more

Alleged Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in Latest Gmail Privacy Class Action

In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of...more

Litigation Alert: The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based...

by Fenwick & West LLP on

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more

Pennsylvania Wiretap Laws in the Wake of the West/Swift Snapchat Debacle

Last month, a recorded conversation between Kanye West and Taylor Swift was posted by video on Snapchat by Kim Kardashian West. The video post contained discussions between West and Swift surrounding lyrics from West’s...more

Pa. Wiretap Laws Forbid Use of Smart Phone Apps to Record Conversations

The Pennsylvania Supreme Court has delved into the “App Store,” addressing for the first time the use of smartphones and their applications in the context of illegal wiretapping. Pennsylvania’s Wiretap Act forbids the...more

Revival of Cookie Litigation Highlights Risks Associated with Mobile Tracking Technologies

by Kelley Drye & Warren LLP on

On November 10, 2015, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s Internet...more

Thumbs Up or Down? Facebook Forced to Disclose Market Data for User Messages

by BakerHostetler on

Facebook, the world’s largest social network, is no stranger to litigation or criticism for its utilization of user data that has resulted in lawsuits. And one of those in particular complained about what happens when...more

Facebook Obtains Dismissal Of Privacy Class Action

by Benesch on

On October 23, 2015, Facebook won dismissal of a potential $15 billion class action which accused the company of secretly tracking the Internet activity of its users after they log off. In re Facebook Internet Tracking...more

Can You Videotape Someone Else’s Conversation?

by Gray Reed & McGraw on

Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more

Ashley Madison and Coming to “Terms” with Data Protection

A recent massive data hack of an online dating site Ashley Madison once again proves that what one publishes, says, or does online, even in seemingly private forums, is never completely private. It’s also a reminder that the...more

Sixth Circuit Rules that “Pocket Dials” May Not Be Entitled to an Expectation of Privacy

In a move that may strike fear into the hearts of mobile phone owners everywhere, the Sixth Circuit recently ruled that a person’s “pocket dials” – those inadvertent calls made from a person’s mobile phone, generally when the...more

The Federal Wiretap Act and the Law of Unintended Consequences

by Ifrah PLLC on

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to Demonstrate Standing, but District Court Grants...

by Davis Wright Tremaine LLP on

Back in April, Google filed a Petition for Certiorari with the U.S. Supreme Court in the Street View case, seeking review of the Ninth Circuit’s decision holding that unencrypted Wi-Fi signals are protected from interception...more

California’s privacy statute regulates California companies, but not against out-of-state plaintiffs: a recent decision, 2...

by DLA Piper on

Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act and the federal Telephone...more

Google "Street View" case may be headed for SCOTUS Review

Google held true to its promise to seek SCOTUS review of the Ninth Circuit’s interpretation of the term “radio communications” in the Wiretap Act when it filed its Petition for Certiorari last week. Google had argued in the...more

Google Street View Class Action Survives: Ninth Circuit Holds Wi-Fi is Not "Radio" Under Wiretap Act

In the latest development in the Google Street View case, the Ninth Circuit once again upheld the lower court’s decision that Google’s collection of unencrypted Wi-Fi does not fit within an exception to the Wiretap Act that...more

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Cybersecurity

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