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Archive for the ‘Stored Communications Act’ Category

Massachusetts High Court Requires Warrants for Cell Phone Location Data
By Zoe Bedell – Edited by Corey Omer

On February 18, 2014, the Massachusetts Supreme Judicial Court (“SJC”) agreed with a Superior Court ruling that the Commonwealth must seek a warrant in most cases before obtaining cell phone records that track an individual’s location. The SJC nevertheless vacated the lower court’s order granting the defendant’s motion to suppress the records and remanded the case for a hearing on whether the Commonwealth had met the higher ‘probable cause’ standard required for the issuance of a warrant.

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Posted On Mar - 10 - 2014 Comments Off READ FULL POST
Hernandez v. Path, Inc. By Kathleen McGuinness – Edited by Charlie Stiernberg Hernandez v. Path, Inc., No. 12-CV-01515 YGR (N.D. Cal. Oct. 17, 2012) Slip opinion In a class-action privacy lawsuit over a photo sharing app’s alleged unauthorized access of user data, the District Court for the Northern District of California held that the plaintiff has Article III standing, but dismissed six of the ten claims. The court held that neither a slight loss of phone battery life nor hypothetical ... Read More...
Posted On Nov - 20 - 2012 Comments Off READ FULL POST
District Court Requires Warrant for Cell Phone Location Data By Michael Hoven – Edited by Jonathan Allred In the Matter of an Application of the United States of America for an Order Authorizing the Release of Historical Cell-Site Information, 10-MC-897 (E.D.N.Y. Aug. 22, 2011) Slip opinion The United States District Court of the Eastern District of New York denied the government’s request to order Verizon Wireless to turn over 113 days of customer location data which, according to the government, ... Read More...
Posted On Aug - 29 - 2011 Comments Off READ FULL POST
Stored Communications Act Protects Facebook and MySpace Users’ Private Communications By Kathryn Freund – Edited by Jad Mills Crispin v. Christian Audigier, Inc., CV 09-09509-MMM-JEMx (C.D. Cal. May 26, 2010) Order The Central District of California reversed and quashed Magistrate Judge McDermott’s order granting a subpoena to obtain private Facebook and MySpace messages and vacated and remanded his order granting a subpoena to obtain Facebook wall postings and MySpace  comments. Judge Morrow held that private messages sent using Facebook and ... Read More...
Posted On Jun - 11 - 2010 1 Comment READ FULL POST
Ninth Circuit Denies Rehearing En Banc in Quon v. Arch Wireless Text Message Privacy Case By Debbie Rosenbaum — Edited by Christina Hayes Quon v. Arch Wireless Operating Co. Ninth Circuit, No. 07-55282 Order denying rehearing en banc Opinion concurring in denial of rehearing en banc Opinion dissenting from denial of rehearing en banc On January 27, 2009, the Ninth Circuit denied rehearing en banc in Quon v. Arch Wireless, a case decided by a Ninth Circuit panel in June ... Read More...
Posted On Jan - 31 - 2009 Comments Off READ FULL POST
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