Wiretapping

News & Analysis as of

I think my spouse is cheating. Is it a crime to spy on them?

Unexplained absences, secretive phone calls, late nights at the office – all telltale signs that your spouse may be up to no good. With advances in technology it has become easier and easier for suspicious spouses to snoop on...more

Communications Between Spouses: Are They Privileged When Wiretapped?

The New Jersey Supreme Court decided that a couple’s private communications remain protected under the marital communication privilege pursuant to N.J.R.E. 509 despite those communications being wiretapped by State...more

Digital Privacy’s New Age: Supreme Court Turns off Google’s Radio After Holding That We Are Our Cell Phones

In another installment of “Google does WHAT?!?,” the Supreme Court on June 30 rejected the Silicon Valley giant’s bid to stop a lawsuit accusing the search company of wiretapping. You read that right. Wiretapping....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

Justice Department: What About Those Wiretaps?

In July, the Justice Department acknowledged that terrorist suspects must be notified if government surveillance programs produced evidence being used against them. The statement relates to Alam Qazi and Sheheryar Alam Qazi,...more

A House Divided: Federal Judges Take Conflicting Positions on Wiretap Act Claims Against Google in California's Northern District

Last week, the U.S. District Court for the Northern District of California dismissed a class action claim that Google’s modifications to its customer privacy policies and subsequent sharing of customer data across Google...more

Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss class action...

In Brief - In a significant ruling on email privacy, the Northern District of California held that Google’s interception and scanning of user emails for the purpose of creating targeted advertisements and user profiles...more

White Collar Watch - October 2013

In This Issue: - Small businesses beware: IRS deploys “big data” to scrutinize cash transactions - Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss...more

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

Update: Google Not Going Down Without a Fight

Google is seeking further review in two cases we wrote about last week on alleged Wiretap Act violations. In the Gmail case, where Google was charged with improperly reviewing subscribers’ emails, Google asked Judge Koh to...more

More Online Trouble for Service Providers?

Google is facing increased scrutiny of its data collection and use practices, which may be a warning to all Internet and online service providers. Last week, Judge Koh in San Jose held Google accountable for an alleged...more

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

Google Must Face Most Claims in Keyword Wiretap Class Action

If you were on Google’s home page Friday at the office, you probably spent more time than you care to admit playing the “help the letter ‘g’ hit the piñata” game that Google created for its 15th birthday. For Google,...more

9th Circuit Joffe v. Google "Street View" Decision Raises Questions About Wiretap Act's "Radio Transmissions" Exception

Last week, the Ninth Circuit held that the Wiretap Act prohibits the kind of “interception” and collection of transmissions from unencrypted Wi-Fi networks that Google reportedly followed in compiling Street View data....more

“Love and Marriage” – New Jersey Supreme Court Poised to Determine Whether the Marital Privilege Can Defeat Wiretap Evidence

In Brief - Over the past four years, the government has broadened the use of wiretaps to include insider trading, and to great success (the recent convictions of Raj Rajaratnam and Rajat Gupta serve as examples of...more

White Collar Watch - August 2013

Contents - SEC Changes Course: Some Companies Must Now Admit Wrongdoing - Fifth Circuit’s Recent Dodd-Frank Whistleblower Ruling May Benefit Employers - “Love and Marriage” – New Jersey Supreme Court...more

Personal Email Privacy in a BYOD Environment - A View from the Bench

We recently posted a three-part series on BYOD issues in this blog. A primary theme was the inherent tension between employer control and employee privacy in a BYOD environment....more

Concerned About NSA Snooping? Perhaps You Should Be More Concerned About The DOJ And SEC

In 2008, Rajat Gupta made a handful of short phone calls to his friend Raj Rajaratnam. The information that Gupta conveyed to Rajaratnam in those phone calls is now likely to cost Gupta millions of dollars, two years in...more

SCC to Consider Use of Criminal Wiretaps in Class Actions

On June 2012, the Supreme Court of Canada announced that it would hear appeals in two matters from Quebec (Imperial Oil v Simon Jacques and Couche-Tard Inc v Simon Jacques) that may determine whether and to what extent wire...more

Is Edward Snowden a Whistleblower?  [Video]

June 14 (Bloomberg Law) -- Trevor Timm, writer and activist at the Electronic Frontier Foundation, talks with Bloomberg Law's Lee Pacchia about recent intelligence leaks surrounding the NSA's surveillance of American...more

Sixth Circuit Rules Employers Can Avoid Fiascos Like Romney’s “47%” Recording by Banning Secret Recordings in the Workplace

With President Obama’s inauguration next week, I am reminded of the surreptitious recording that played a significant role in the final weeks of his campaign last year—the infamous “47%” recording. Secret recordings can have...more

California Federal District Court Dismisses Privacy Class Action For Lack Of Injury

On December 28, the U.S. District Court for the Northern District of California dismissed a putative class action alleging that Google Inc.’s privacy policy violates the federal Wiretap Act and state consumer protection...more

Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical" [Video]

March 12 (Bloomberg Law) -- Richard Holwell, who presided in Manhattan federal court over the insider trading trial of Galleon Group co-founder Raj Rajaratnam, tells Bloomberg Law's Lee Pacchia that the FBI's recent...more

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