What's the Tea in L&E? Employee Devices: What is #NSFW?
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
In a case brought against Cleveland State University, a federal court has ruled that it is unconstitutional for a state university to require a student to allow a virtual camera scan of their home testing area during a remote...more
On Wednesday, Florida’s Fourth District Court of Appeal affirmed a lower court decision excluding video evidence that Florida prosecutors sought to use in their case against hundreds of men who allegedly patronized the...more
In this issue, we discuss the new initiatives under New York's BitLicense regime that clarify and streamline the regulatory landscape for virtual currency entities doing business within the state. We also examine the...more
In Philip K. Dick’s novel Ubik, the sci-fi legend warned the world of the dangers of inanimate objects that could violate our privacy. In a virtual nod to Ubik and Dick, the Fifth Circuit Court of Appeals ruled the privacy...more
Faced with the novel question of whether an individual has a Fourth Amendment privacy interest in the records of their Bitcoin transactions, the Fifth Circuit found that Bitcoin data is akin to bank records and not subject to...more
In United States v. Moore-Bush, the First Circuit recently held that the government does not need a warrant to place a pole camera outside of a defendant’s home. The court considered whether the placement of that camera...more
On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more
In United States v. Lyle, 15-058-cr (April 1, 2019) (Raggi, Chin, Lohier), the Second Circuit, following a remand from the United States Supreme Court, once again held that the search of a rental car that James Lyle was...more
Many employers maintain policies limiting their employees’ expectation of privacy in the workplace, including policies that eliminate any expectation of privacy when using company-issued electronic devices. While employers...more
The Third Circuit Denies 4th Amendment Right - Let’s face it – over the last 20 years or so, we have come to embrace, celebrate, and depend completely on electronic communications. What is more, we keep reaching out to...more
The U.S. Supreme Court has once again expanded the Fourth Amendment protections afforded to certain modern digital communications. And in doing so, the unusual five-justice majority led by Chief Justice Roberts has suggested...more
In a landmark Fourth Amendment case, the U.S. Supreme Court ruled that digital is different. A cross-practice team from our National Security & Digital Crimes and Cybersecurity Preparedness & Response teams parse the narrow...more
The U.S. Supreme Court has handed down a major decision, Carpenter v. United States, concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the...more
As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent...more
In a closely watched decision, the United States Supreme Court recently held in Carpenter v. United States that government prosecutors must seek a warrant to obtain cell phone site location information from cell phone service...more
The U.S. Supreme Court recently ruled in Carpenter v. United States that the government must have a warrant to access an individual’s cell phone location history from wireless carriers. The Court held, in a 5–4 opinion issued...more
On June 22, 2018, the United States Supreme Court appeared to establish a new standard for privacy rights when its decision in Carpenter v. United States, 2018 BL 222220 (2018), held that the government’s acquisition of a...more
On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on...more
In a 5-4 decision on June 22, the Supreme Court in Carpenter v. United States ruled that the police need a search warrant to access cell tower records that can map a criminal suspect’s location and movements. Chief Justice...more
The Carpenter decision has been the focus of many discussions since it came down last week. In a closely watched case, a 5-4 SCOTUS ruled that police access to a person’s historical cell phone tower site records (7 days or...more
The Supreme Court ruled, at the end of June, that seizing cell-site location information—data that tracks cell phone users’ movements—constitutes a search under the Fourth Amendment. Speaking for a 5-4 majority in Carpenter...more
On June 22, 2018, in a 5-4 ruling, the United States Supreme Court held that the government’s acquisition of certain cell-site location information (“CSLI”) kept by third parties constitutes a search under the Fourth...more
Just weeks after Mexico’s central bank was targeted by hackers who stole $15 million, Chile’s biggest bank, Banco de Chile, announced on May 28, 2018, that it had been struck by a “virus” that affected its workstations,...more
Cell phones are a ubiquitous part of our modern life. It’s easy to forget that they are constantly tapping into the wireless networks around us several times a minute, even when we’re not using them. ...more
In its June 22, 2018, decision in Carpenter v. United States, a 5-4 majority of the Supreme Court held that a criminal defendant’s Fourth Amendment rights were violated when the government obtained a court order requiring his...more