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Steve C. Posner on 6 U.S.C. § 485 and the Newly Developing Information Sharing Environment
Posted on 5 Nov 2010 by Steve C. Posner

By Steve C. Posner, Attorney, Posner Law Firm The Information Sharing Environment may be the most important development in privacy since Louis Brandeis developed the concept more than a century ago. Learn what it is, how it is intended to work,... Read More

Tonya Davis of Hobbs, Straus, Dean & Walker, LLP on Implementation of the REAL ID Act and Its Effect on Tribal Sovereignty
Posted on 14 Apr 2008 by Tonya A. Davis

In this Expert Commentary, Tonya A. Davis of Hobbs, Straus, Dean & Walker, LLP discusses problems with the final rule the Department of Homeland Security issued in January 2008 to implement the REAL ID Act of 2005 (Pub. L. No. 109-13, div. B) regarding... Read More

Tags: Privacy

Fulbright Briefing: Telephone Consumer Protection Act Claims May be Brought in Federal Court, Supreme Court Rules
Posted on 25 Jan 2012 by Norton Rose Fulbright

The Supreme Court recently confirmed that private rights of action for violations of the Telephone Consumer Protection Act ("TCPA") may be brought in either federal or state courts. On January 18, 2012, a unanimous Court decided Mims v. Arrow... Read More

Can There Be Any Expectation Of Privacy Anymore?
Posted on 21 Mar 2008 by LexisNexis Emerging Issues Community Staff

The New York Times is reporting that the State Department passport files of all three remaining presidential candidates were improperly accessed multiple times by Department employees. The motivation behind the breach appears to be idle curiosity, but... Read More

Tags: Privacy

Obtain/Use Surveillance Dichotomy
Posted on 17 Dec 2007 by Steve C. Posner

Much attention has been paid recently to expansion of government powers to obtain information about people, but there has been less focus on how such information can be used in prosecutions. The Protect America Act of 2007 has expanded the government... Read More

Tags: Privacy

High Court Hears Arguments on Privacy of Petition Signers
Posted on 29 Apr 2010 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) Individuals who signed a referendum petition opposing Washington state's "everything but marriage" same-sex domestic partner law have a right to keep their identities private, an attorney representing the... Read More

LexisNexis In-House Advisory: The Explosion In Social Media Creates New Liabilities While Broadening Companies' Opportunities
Posted on 8 Mar 2012 by LexisNexis Emerging Issues Law Community Staff

By Dylan McGuire As the number of people using social media websites - such as Facebook ® , Twitter ® , blogs and more - grows exponentially, corporations are faced with a new set of challenges on how to effectively manage a new set of liabilities... Read More

David Bender on the Definition of "Personal Data"
Posted on 21 Feb 2008 by David Bender

A paper recently released by the EU sheds light on one of the most central concepts attendant to data protection -- the notion of what constitutes "personal data," which is the type of information protected by this genre of law. The paper, promulgated... Read More

Tags: Privacy

Webcam Activations on Student Laptops by Philadelphia School District Enjoined by Pennsylvania District Court
Posted on 16 May 2010 by Bajeerah LaCava

PHILADELPHIA — (Mealey’s) A Pennsylvania federal judge on May 14 barred a suburban Philadelphia school district from continuing to remotely activate webcams on laptops issued to students ( Blake J. Robbins, et al. v. Lower Merion School District... Read More

Privacy In New Jersey Internet Users' ISP Account Info Granted
Posted on 25 Apr 2008 by Bajeerah LaCava

The New Jersey Supreme Court recently ruled that Internet users have a right to privacy when it comes to subscriber information they provide to their Internet service providers. However, in its April 21 ruling, the state’s high court also ruled... Read More

Tags: Privacy

John Castellano on United States v. Jones: Defining the Scope of the 4th Amendment in a Digital Era
Posted on 4 Apr 2012 by John M. Castellano

In United States v. Jones [ enhanced version available to lexis.com subscribers ], the Supreme Court announced that a warrant is required to track a suspect by attaching a GPS device to the suspect's vehicle, even though the suspects' movements... Read More

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2
Posted on 24 Jul 2013 by Thomas H. Clarke, Jr.

By Thomas H. Clarke, Jr., and Lael D. Andara Read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image, and audio/video... Read More

Free Download of Google Complaint - Class Action Claims Google Street Mapping Snatches WiFi Data
Posted on 27 May 2010 by LexisNexis Emerging Issues Community Staff

NEWTON, Mass. - Carp Law Offices LLC, on behalf of Galaxy Internet Services Inc. and its wireless customers and WiFi users in Massachusetts, on May 25 filed a class action lawsuit against Google Inc. in the U.S. District Court for the District of Massachusetts... Read More

Sorry, Dear, I Can't Email You Now
Posted on 27 Mar 2008 by Tim Shearer

If you think that email to your spouse (or priest, lawyer, or accountant) was entitled to some privacy, think again if you sent the email via your employer’s computer. Have you read that notice that you click through every morning when you log... Read More

Tags: Privacy

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1
Posted on 24 Jul 2013 by Thomas H. Clarke, Jr.

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies... Read More