News & Analysis as of

Electronic Data Transmissions

Draft regulation on online transmissions and retransmissions – EP ready to negotiate with Council and Commission

by Hogan Lovells on

Drama at the European Parliament: whoever thought the dispute within the Committee on Legal Affairs (JURI) around the adoption of a new regulation dealing with online transmissions by broadcasters and retransmissions...more

CJEU rules on Cloud Recorder: Transmission constitutes a communication to the public that requires the right holders consent

by Hogan Lovells on

On 29 November 2017, the European Court of Justice (CJEU) handed down a decision on a video recording service that stores TV programmes online in a cloud (C-265/16 – VCAST). ...more

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more

CFPB Issues “Principles” For The Protection Of Consumer Authorized Data Sharing And Aggregation

With the growth of technology and the development of the fintech market, an unprecedented amount of consumer financial data has become available. While protections through the FTC Safeguard Rule and EFTA provide certain...more

U.S. Supreme Court Takes Microsoft Corp. v. United States in Law Enforcement Access Row

by Hogan Lovells on

Last Monday, the Supreme Court granted certiorari in the Microsoft search warrant case, a case in which Microsoft challenged the U.S. government’s right to use the warrant process to obtain certain emails stored overseas. ...more

FTC’s “Stick With Security” #4: Store Sensitive Information Securely & Protect It During Transmission

by Snell & Wilmer on

On August 18, 2017, the FTC released its fourth “Stick with Security” principle, which explained the importance of keeping confidential data only when needed, and securely storing the data when it must be kept. To that end,...more

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

by Rumberger Kirk & Caldwell on

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

Where is your PHI Data Traveling Today?

by Dickinson Wright on

With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and business associates are questioning...more

Judge Sides with Government over Google in the Latest Battle Rematch over the Territorial Reach of the SCA

Another federal judge has rejected the U.S. Court of Appeals for the Second Circuit’s interpretation of the Stored Communications Act (SCA), and has ordered Google to hand over customer email traffic—wherever located—to U.S....more

Another Rematch Between Tech Companies and the Government over the Territorial Reach of the Stored Communications Act

Lawyers for the tech community are gearing up for argument next month in the U.S. District Court in San Francisco, seeking to overturn another magistrate’s order that requires digital information stored outside of the U.S. to...more

Cybersecurity Steps Every Lawyer Should Consider

All lawyers face technology threats, ranging from the inconvenient to practice-threatening disasters. From unauthorized access, lawyers risk having confidential information stolen, destroyed or made inaccessible. Hackers...more

Brazil eSocial Trial Period Begins on June 26, 2017

by Littler on

After months of uncertainty, on June 23, 2017, the eSocial Steering Committee in Brazil finally issued a new resolution launching a restricted platform for companies to begin testing the program. The program will be available...more

The Ninth Circuit Holds that California’s Anti-Hacking Law, Penal Code Section 502, does not Proscribe Unauthorized “Access” to a...

by Nossaman LLP on

California’s Computer Data Access And Fraud Act, Cal. Pen. Code, § 502 (“CDAFA”) is a state law analog to the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq. (“CFAA”). Both are aimed at fighting unauthorized...more

China's Cybersecurity Law and Draft Implementation Rules

by Morgan Lewis on

The law applies to all “network operators” and introduces cybersecurity mechanisms. On November 7, 2016, the Chinese government released a draft version of the Cybersecurity Law (CSL) that will govern China’s cyberspace...more

Patent Holder Sues CBS and iHeart Over Digital Audio Signal Transmission Systems

by Womble Bond Dickinson on

On Friday, April 14, 2017, Digital Stream IP, LLC filed two separate complaints in federal court in the Eastern District of Texas against CBS Radio Inc. and iHeartMedia, Inc., alleging infringement of U.S. Patent No....more

Google Ruling May Give Government an Opening to Broaden its Power Under Outdated Stored Communications Act

by Nossaman LLP on

As technology progresses and the world becomes even more interconnected, the scope of the Stored Communications Act (“SCA” or “Act”) has become a topic of much interest in the federal courts. One question courts have grappled...more

Amazon’s Echo May Possess Evidence in a Murder Case

Police in Bentonville, Arkansas are seeking records from an Amazon Echo device (for the second time) which may contain records in connection with a murder investigation in the home of James Andrew Bates where Victor Collins...more

Indonesian Electronic Information and Transactions Law Amended

by White & Case LLP on

Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions ("Amendment") took effect on 25 November 2016. Aiming to accommodate recent developments in the electronic information and...more

Is Your Data Ready to Move to a Uniform Report Submission? NMLS MSB Call Report Adopted for 22 Licenses as of January 1st

Seventeen state agencies, affecting 22 license types, have currently committed to adopt the NMLS MSB Call report for Q1 2017 reporting. The NMLS MSB Call Report applies to licensees who conduct the following activities: money...more

Rule Change Expands Federal Courts’ Search Warrant Power Over Electronic Data

by King & Spalding on

On December 1, 2016, a change to Federal Rule of Criminal Procedure 41(b) took effect that allows federal courts to issue broad warrants for access to electronic communications and data. The former version of Rule 41(b)...more

Workplace Policy Institute Insider Report - October 2016

by Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The October edition of the Insider Report examines what Congress...more

3D Printing: What it Means To Manufacturers Who Want To Sell Replacement Parts in a Digital Ecosystem

by Benesch on

Among the next generation of 3D printing patents that will soon expire are key patents for metal-based printing processes. The patents’ expiration will almost certainly result in significant price reductions for 3D printers...more

Brazil eSocial Launch Is Postponed Again, But Employers Should Not Ignore It

by Littler on

After agonizing months of uncertainty for employers, on August 31, 2016, Brazil’s eSocial Steering Committee issued a new resolution postponing the eSocial digital bookkeeping program’s implementation deadlines, the first of...more

ITC Declines to File Petition for Certiorari – CAFC Holding that ITC Does Not Have Jurisdiction over Digital Imports Stands

The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more

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Cybersecurity

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