LexisNexis® Legal Newsroom
Obtain/Use Surveillance Dichotomy

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 s power to conduct warrantless surveillance under...

David Bender on the Definition of "Personal Data"

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 by the Article 29 Working Party, adopts...

Can There Be Any Expectation Of Privacy Anymore?

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 it would be naïve to conclude that similar breaches...

'Imprudent Curiosity' Or 'Outrageous Breach' Of Privacy?

Just how secure is the sensitive information in your passport file? The State Department reports that its computer system did its job by identifying breaches of the passport files of all three presidential contenders but, incredibly, the news that someone had peeked into the records of three of the...

Professor Ann Graham on Our Credit Reporting System and Identity Theft-New Regulations for 2008

With passage of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), Congress amended the Fair Credit Reporting Act (FCRA) and adopted new weapons to combat identity theft. Several implementing regulations are effective in 2008, with compliance implications for entities that furnish credit...

Sorry, Dear, I Can't Email You Now

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 on to the computer at the office? Consider that if...

Tonya Davis of Hobbs, Straus, Dean & Walker, LLP on Implementation of the REAL ID Act and Its Effect on Tribal Sovereignty

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 drivers' licenses. The regulation, at 73...

Privacy In New Jersey Internet Users' ISP Account Info Granted

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 that law enforcement can still access that information...

Internet Images and Privacy Rights: When The Web Bears Witness to a Loved One's Death

There’s an electronic window into everyone’s lives, and through this window, millions of eyes will pry and millions of people may learn the best and worst about you. It’s not like any other window. It sits safely on your desk, but it’s open to the malicious, and you can’t...

Join Steve Posner in the Debate Over Privacy and Surveillance

Hi. I’m Steve Posner and I write LexisNexis’ legal treatise on post-9/11 surveillance and privacy law, Privacy Law and the USA PATRIOT Act, in addition to my litigation practice. After delving into these issues for most of a decade, I think I can coordinate a coherent debate, and I hope...

Company Social Media Policies Impacted by NJ Decision

A few days ago (on March 30, 2010) the New Jersey Supreme Court handed down a decision that is certain to have significant implications in social media policy circles. In Stengart v Loving Care Agency (2010 N.J. LEXIS 241), Plaintiff Stengart, in anticipation of a lawsuit against her employer, Loving...

Webcam Activations on Student Laptops by Philadelphia School District Enjoined by Pennsylvania District Court

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, et al. , No. 10-665, E.D. Pa.). Lower...

Free Download of Google Complaint - Class Action Claims Google Street Mapping Snatches WiFi Data

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 ( Galaxy Internet Services Inc., et al....

Steve C. Posner on 6 U.S.C. § 485 and the Newly Developing Information Sharing Environment

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, the extent to which privacy is being protected as...

Keller and Heckman Telecom Business Alert -- Vol. VIII Issue 12: AT&T/T-Mobile Merger, 700 MHz Band Auction, Pole Attachment, Privacy and Data Security

U.S. Wireless Market May Consolidate Further: AT&T Agrees to Purchase T-Mobile The "Big Four" in wireless might soon become the "Big Three." On Sunday, AT&T announced its agreement to acquire T-Mobile. In terms of subscribers, the acquisition would make AT&T the...

Fulbright Briefing: Telephone Consumer Protection Act Claims May be Brought in Federal Court, Supreme Court Rules

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 Financial Services, LLC , reversing the decision...

LexisNexis In-House Advisory: The Explosion In Social Media Creates New Liabilities While Broadening Companies' Opportunities

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 brought about by this new information age...

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

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 are public and could be fully discovered by simple...

Free White Paper Download: Cloud Computing: Data Has a New House

By Terry Williams of LexisNexis and Richard Perrin of Dickstein Shapiro To get an idea of the "pitch" for cloud computing in the law firm, imagine this fictional conversation between a senior litigation attorney at a large law firm and an executive of a company thatprovides cloud computing...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

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 (i.e., text messaging, emails, telephone...

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2

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 file is subject to monitoring, we now address...