privacy

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 action filed against Apple to contest the company’s collection of ...

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 the name of privacy by signing two of the laws, ...

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 report as a mechanism that encourages the further development of ...

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 track the actions of a suspected criminal. This author previously ...

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 Fifth Amendment’s bar against compelled self-incrimination. In reaching this decision, ...

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 Jones’ movements in his vehicle. While the Court has not ...

N.D. Cal.’s Chief Judge Ware has permitted the Wiretap Act claims against Google to go ahead in the consolidated litigation over the collection of Wi-Fi data by Google’s Street View vehicles. Google attempted to argue that it could not be held liable under the Wiretap Act because the collected data ...

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. In Lewton v. Divingnzzo (PDF), a mother was convicted of ...

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 issue is a matter of first impression in California. An ...

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 complex and decentralized than in Egypt, it cannot be shut ...