News & Analysis as of

Surveillance

Davis Wright Tremaine LLP

First Circuit Splits on Whether Warrantless Pole-Mounted Video Surveillance Violates Fourth Amendment; District Court Suppression...

Last week, the First Circuit issued a decision that could be destined for Supreme Court review, but that nonetheless will immediately impact the course of criminal defendants' Fourth Amendment rights, particularly concerning...more

Zuckerman Spaeder LLP

Warranted wiretapping? What to look for in this year’s Wiretap Report.

Zuckerman Spaeder LLP on

Wiretapping—the interception of wire, oral, or electronic communications—has long been an effective tool for law enforcement investigating suspected criminal activity. Each June, Title III of the Omnibus Crime Control and...more

Akerman LLP - HR Defense

The Boss is Watching – But Many States Impose Requirements for Surveillance at Work

With the rise of remote work, employers are increasingly considering measures to monitor employee’s work, whether for security purposes, or to monitor productivity. But employers take note: some states are starting to weigh...more

Wiley Rein LLP

FBI Warrantless Searches of U.S. Persons under FISA Over-Reported

Wiley Rein LLP on

The headlines scream: “FBI made 3.4M warrantless U.S. data searches,” claiming that the FBI carried out nearly 3.4 million warrantless searches of Americans’ electronic data that was collected as part of the government’s...more

WilmerHale

How New Framework Could Ease EU-US Data Transfer Burden

WilmerHale on

On 25 March 2022, the European Commission and United States announced an agreement in principle on a new Trans-Atlantic Data Privacy Framework. If passed into law, the framework will facilitate the transfer of personal data...more

Womble Bond Dickinson

Facial Recognition: A New Trend in State Regulation

Womble Bond Dickinson on

Ten years ago, the average person did not know what facial recognition was. Now, especially after its use in locating persons involved in the January 6, 2021, riots at the US Capitol, almost everyone knows its utility and...more

Stikeman Elliott LLP

Continuous Video Surveillance of Employees: Psychological Harassment?

Stikeman Elliott LLP on

Case law recognizes that constant and continuous video surveillance of employees may constitute an unreasonable working condition, and thus violate section 46 of Québec’s Charter of Human Rights and Freedoms (“Charter”), when...more

Jackson Walker

Texas Federal District Judge: Use of Drones for Newsgathering Protected by First Amendment

Jackson Walker on

In considering whether a Texas law banning the use of drones for surveillance purposes violates the First Amendment, a federal judge sitting in Austin held the law infringes on the right of journalists to document and...more

Health Care Compliance Association (HCCA)

That creep is a spy

Compliance Today (April 2022) - “Function creep” is not a term used to describe a person you don’t like. It refers to using a technology for something beyond its original intended use. The pandemic has changed many...more

Wiley Rein LLP

Texas District Court Strikes Down State Drone Law on First Amendment Grounds

Wiley Rein LLP on

On March 28, the United States District Court for the Western District of Texas found that a Texas law restricting drone use ran afoul of the First Amendment. The law imposed civil and criminal penalties for drone-based...more

Butler Snow LLP

Tennessee Circuit Court Strikes Down Tennessee Law Allowing Warrantless Searches of Private Property by State Wildlife Officials

Butler Snow LLP on

On Tuesday, March 22, 2022, a three-judge panel of the Circuit Court for Benton County, Tennessee, issued an order declaring that Tennessee Code Annotated § 70-1-305(1) is unconstitutional, unlawful, and unenforceable, and...more

Littler

Wiretapping employees in the Netherlands - let's run the tape?

Littler on

A sales adviser of an exclusive car dealer proved to be overly enthusiastic when he confided to a customer, in a phone call during working hours, that he was starting out for himself "in the background" and asked the customer...more

BakerHostetler

You Do Have Time for This - the New Wave of FTC Rulemaking

BakerHostetler on

The wave of Federal Trade Commission (FTC or the Commission) rulemaking has begun, and it raises many questions: Most notably, how big is this wave going to be, why is the FTC doing this and do I have time for this? Although...more

Epstein Becker & Green

Court Holds That FISA Doesn’t Trump the State Secrets Privilege and Restores the Capital Murder Conviction of the Boston Marathon...

The Supreme Court decided two more cases today, one unanimously, the other anything but so....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Federal Bureau of Investigation v. Fazaga

On March 4, 2022, the U.S. Supreme Court decided Federal Bureau of Investigation v. Fazaga, No. 20-828, holding that Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978 (FISA), which establishes procedures...more

Dorsey & Whitney LLP

The Supreme Court - March 4, 2022

Dorsey & Whitney LLP on

United States v. Tsarnaev, No. 20-443: This case concerns the death penalty imposed on one of the two brothers, Dzhokhar Tsarnaev, who planted and detonated bombs at the 2013 Boston Marathon, killing three and wounding...more

Dentons

The metaverse – is this the workplace of the future?

Dentons on

What exactly is the metaverse? At first glance, the metaverse might seem confusing. But so did cryptocurrency when it was first introduced. Yet, it can be rather easily described as a multitude of online, 3D and virtual...more

Womble Bond Dickinson

The Core Tradeoff: Privacy or Security?

Womble Bond Dickinson on

US policy makers struggle with the tension between protecting personal privacy and enabling law enforcement surveillance. We know that both are important, but at a certain point, prioritizing one priority shortchanges the...more

Wiley Rein LLP

Personal Health Data at Risk of Foreign Exploitation

Wiley Rein LLP on

Issue: The U.S. Government is warning American health care entities that personal health data, including genetic information, from diagnostic tests and services could end up in the hands of foreign governments for unintended...more

Littler

Littler Global Guide - France - Q4 2021

Littler on

The Participation of Employee Representatives and Unions in the Ecological Transition - New Legislation Enacted - A new law focusing on combating climate change and strengthening resilience to its effects has been adopted....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Google Accused of Using “Dark Patterns” to Track Users Who Did Not Want to Be Tracked

On August 13, 2018, the Associated Press published a story: “Google tracks your movements, like it or not.” (https://apnews.com/article/north-america-science-technology-business-ap-top-news-828aefab64d4411bac257a07c1af0ecb) ...more

Husch Blackwell LLP

BIS Delays Implementation of New Cybersecurity Items Interim Final Rule

Husch Blackwell LLP on

In an October 21, 2021 interim final rule (“IFR”), the Bureau of Industry and Security (“BIS”) published long-awaited “cybersecurity items” controls in Categories 4 (Computers) and 5, Pt. 1 (Telecommunications) of the...more

Barnea Jaffa Lande & Co.

Privacy Protection Laws in Israel – Outlook for 2022

The legislation of privacy protection laws in Israel has shifted into high gear and is beginning to close the gap with legislation in Europe. A major step in this direction occurred about a month ago when the Ministerial...more

Proskauer - Privacy & Cybersecurity

FTC Seeks to Move Beyond Notice and Consent to Restrict Data Collection and Use

The FTC indicated that it will use its rulemaking authority under the FTC Act’s Section 18 to create a new rule that will likely seek to rein in broad data collection and use. ...more

Sunstein LLP

Cyber-criminals Beware: Governmental Surveillance of Suspects Does Not Always Require a Warrant

Sunstein LLP on

A search warrant is not required for law enforcement to use pen registers to record the IP addresses visited by a criminal suspect, a federal appeals court recently held. This follows a 1979 Supreme Court case, Smith v....more

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Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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