Topic Archives: privacy

Information Economics: Not Just for Private Business

Berkeley Center for Law and Technology’s Seventh Annual Privacy Lecture was held on October 6, 2014, on Berkeley Law School’s campus. Moderated by Paul Schwartz, the presentation began with Ross Anderson presenting his recent paper, Privacy versus government surveillance – where … Continue reading

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The Computer Fraud and Abuse Act: Circuit Split and Efforts to Amend

The Ninth Circuit’s 2012 decision in United States v. Nosal created a circuit split regarding the interpretation of the phrase “exceeds authorized access” in the Computer Fraud and Abuse Act (CFAA).  The Ninth Circuit (since joined by the Fourth Circuit) … Continue reading

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The Copyright Alert System After Its Roll-Out: First (Non)Reactions

The Copyright Alert System (CAS) was rolled out in late February 2013. CAS constitutes the United States realization of the international concept of “graduated response programs:” frameworks for media owners to address alleged online copyright infringements with computer users through … Continue reading

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U.S. v. Cotterman: Ninth Circuit Holds Reasonable Suspicion Required for Forensic Laptop Search at the Border

The Fourth Amendment generally requires that government searches must be reasonable, which typically can be satisfied via a warrant. Searches at the border, however, traditionally occupy a special status in connection with U.S. Fourth Amendment law. Recognizing that “the government’s interest in … Continue reading

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Apple’s Dispute Over iTunes Data Collection May Have Implications for the Future of Mobile Payments

This post was co-authored by Marion Bergeret, Berkeley Law LL.M. Candidate 2013, and Babak Siavoshy, Teaching Fellow, Samuelson Law, Technology & Public Policy Clinic.  Last month the California Supreme Court heard oral argument in Apple v. Superior Court (Krescent), a consumer class … Continue reading

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California Privacy Legislation: Wins and Losses

During September 2012, the California legislature voted in favor of three laws recognizing new privacy rights resulting from technological advancements and the ubiquity of Internet activity in the lives of Americans. California Governor Jerry Brown took two steps forward in … Continue reading

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President Obama’s Privacy Bill of Rights: Encouraging a Collaborative Process for Digital Privacy Reform

On February 23, 2012 President Obama’s administration (“the Administration”) released an important new report entitled “Consumer Data Privacy In A Networked World: A Framework For Protecting Privacy And Promoting Innovation In The Global Digital Economy.” President Obama situates the new … Continue reading

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United States v. Jones Decided?

On January 23, 2012, the United States Supreme Court handed down its decision on United States v. Jones, No. 10-1259, 2012 BL 14420 (U.S. Jan. 23, 2012), regarding the warrantless use of a GPS tracking device by law enforcement to … Continue reading

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Much Ado About Fricosu

The District of Colorado recently handed down an order in United States v. Fricosu requiring the defendant to decrypt the contents on her laptop so the government could access it. According to the Court, compelled decryption did not violate the … Continue reading

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GPS Tracking: United States v. Jones

Overview On November 8, 2011, the United States Supreme Court heard oral arguments in United States v. Jones, a case involving the warrantless placement of a GPS device on Antoine Jones’ vehicle by law enforcement and the subsequent tracking of … Continue reading

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