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Archive for the ‘Electronic Comm. Privacy Act’ Category

Eleventh Circuit Finds Cell Site Location Data Requires Warrant
By Sheri Pan – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Eleventh Circuit affirmed in part and vacated in part a jury conviction of Quartavious Davis on charges of robbery, conspiracy, and knowing possession of a firearm in furtherance of a violent crime.  Davis appealed the conviction on the grounds that the court violated his Fourth Amendment rights by admitting cell site location data that was obtained without a search warrant.

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Posted On Jun - 24 - 2014 Add Comments READ FULL POST

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

Trailblazing Email Privacy Bill Proposed in Texas
Mary Grinman – Edited by Natalie Kim

On May 27, 2013, the Texas State Senate and House signed H.B. 2268. The legislation requires state law enforcement agents to secure a warrant before accessing emails and other “electronic customer data.” H.B. 2268 at 3–4. It also permits warrants on out-of-state service providers that do business with a Texas resident in certain circumstances. Id. at 9. The bill closes the loophole of the 1986 Electronic Communications Privacy Act (ECPA), which allows warrantless access to emails opened or older than 180 days.

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Posted On Jun - 8 - 2013 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
By Charlie Stiernberg Proposed SHIELD Act Would Require Non-Practicing Entities to Pay Legal Costs The Saving High-Tech Innovators from Egregious Legal Disputes Act of 2012 (“SHIELD Act”) aims to deter non-practicing entities (“NPEs”)—patent holders that do not make, use, or sell their claimed invention—from filing lawsuits by requiring such plaintiffs to pay successful defendants’ attorney fees, if a court determines that the suit did not have a reasonable likelihood of succeeding. Congressman Peter Defazio (D-OR) introduced H.R. 6245 on August ... Read More...
Posted On Aug - 13 - 2012 Comments Off READ FULL POST
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DRIP Bill Expands UK

By Yixuan Long – Edited by Insue Kim HL Bill 37 ...

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Federal Circuit Gran

By Kyle Pietari – Edited by Insue Kim VirtualAgility, Inc., v. ...

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Ninth Circuit Reject

By Sheri Pan – Edited by Insue Kim Fox Broadcasting Company, ...

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Flash Digest: News i

By Patrick Gutierrez Senate passes bill to make cell phone unlocking ...

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Federal Circuit Flas

By Amanda Liverzani Dismissal of Trademark Registration Opposition Affirmed Despite Pronunciation ...