Topic Archives: privacy

Lewton v. Divingnzzo: Hidden Audio Recorder in Teddy Bear Violates Federal Privacy Law

Overview of Lewton Parents who are concerned about their child’s well being might use hidden electronic monitoring devices such as hidden audio recording devices and nanny cams.  Unfortunately, parents who use these devices may unwittingly violate federal and state law.  … Continue reading

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People v. Xinos: A Privacy Right in Vehicle Data

A California Privacy Right in Vehicle Data In People v. Xinos, 192 Cal. App. 4th 637 (2011) (PDF), the California Sixth District Court of Appeal ruled on a person’s privacy right in his vehicle’s sensing and diagnostic module (SDM) data. This … Continue reading

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Internet “Kill Switch” Legislation: Can Obama Turn Off the Internet?

During the recent revolution in Egypt, the government disabled Internet access throughout the country with the flip of a switch. Could the same thing happen in America? Practically, because the structure of the Internet in the United States is more … Continue reading

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NLRB v. American Medical Response: A Rare Case of Protected Employee Speech on Facebook

The recent settlement between the National Labor Relations Board (NLRB) and an ambulance service company in Connecticut is the first of its kind to set legal limits on employers’ Internet and social media policies. In December of 2009, employee Dawnmarie … Continue reading

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People v. Diaz: Is Your iPhone Constitutionally Protected?

This January in People v. Diaz (PDF), the Supreme Court of California affirmed the Court of Appeals decision that a warrantless search of the text message folder on an arrested person’s phone was valid as incident to a lawful custodial … Continue reading

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Winter 2010 News Briefs

This month, our team members have been consumed with outlines, papers, and finals, and now the holidays are upon us.  Although we won’t be able to write full posts on all of the recent developments in technology law, we wanted … Continue reading

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U.S. v. Warshak: The Constitutionality of Search and Seizure of E-Mails

On December 14, 2010, the Sixth Circuit held that a search warrant is required before the government can engage in search and seizure of emails stored by an internet service provider (ISP). The government directed—without a warrant for probable cause—an ISP, … Continue reading

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Google, Inc. Under Investigation by the Federal Communications Commission

In May 2007, at the Where 2.0 conference in San Jose, Google launched Street View, a program allowing users to navigate panoramic images of thousands of street level locations. Advocating for mapping efficiency via technological innovation, Google aspired to “provide … Continue reading

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Privacy Expectations in the Use of GPS Tracking Devices: United States v. Maynard

Privacy Expectations in the Use of GPS Tracking Devices: United States v. Maynard, No. 1:05-cr-00386-ESH-10 (Aug. 6, 2010) The recent D.C. Circuit Court decision United States v. Maynard (PDF) is one in a series of Circuit Court decisions addressing the legality … Continue reading

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Ninth Circuit relaxes electronic search procedures in United States v. Comprehensive Drug Testing rehearing

In a revised en banc opinion (PDF), the Ninth Circuit overturned guidelines promulgated last year involving seizure of computer records from a company allegedly providing steroids to professional baseball players. The en banc opinion relaxes the previously issued federal procedures … Continue reading

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