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Archive for the ‘Privacy’ Category

Massachusetts SJC Clarifies Probable Cause for Cell Phone Seizure


By Nehaa Chaudhari – Edited by Ellora Israni


The Massachusetts Supreme Judicial Court (SJC) affirmed last month a lower court’s decision to suppress information found on a cell phone seized without warrant or probable cause.


In allowing the Commonwealth’s appeal against the order of the Superior Court, the SJC considered two issues under the Fourth Amendment to the United States Constitution: and Article 14 of the Massachusetts Declaration of Rights.


Posted On Oct - 17 - 2016 Add Comments READ FULL POST

Sixth Circuit Finds Privacy Interest in Mugshots under FOIA

By Filippo Raso – Edited by Ariane Moss

A split en banc Sixth Circuit reversed the lower courts’ ruling, holding individuals have a privacy interest in their booking photos for the purposes of Exemption 7(C) of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. In so doing, the Court overruled Circuit precedent established two decades ago. The case was remanded with instructions to balance the public interests against the individual’s privacy interest.


Posted On Aug - 4 - 2016 Add Comments READ FULL POST

Second Circuit Prohibits Extraterritorial Application of Stored Communication Act’s Warrant Provision

The Second Circuit reversed a U.S. Magistrate Judge’s warrant ordering Microsoft to produce customer content stored in Ireland. The Second Circuit held that the warrant provisions in § 2703 of the Stored Communications Act, 18 USC §§2701-2712 (1986) (“SCA”), cannot be used to compel a service provider to disclose user e-mail content stored exclusively on a foreign server.


Posted On Jul - 25 - 2016 Add Comments READ FULL POST

Congresswoman Speier’s Revenge Pornography Bill: Crossing the First Amendment Line?

On July 14, 2016, Congresswoman Speier proposed the Intimate Privacy Protection Act, a bill designed to make revenge pornography a federal crime punishable with up to five years in prison. Although the current version is narrower in scope than previous iterations, there are still some concerns that this bill violates the First Amendment’s right to free speech.


Posted On Jul - 25 - 2016 Add Comments READ FULL POST

U.S. and E.U. officials formally approved the “Privacy Shield” this week, a new agreement governing the transfer of data between Europe and the United States. The final adoption of the transatlantic agreement comes after several years of negotiations, which were accelerated last October when the Court of Justice of the European Union (“CJEU”) invalidated a key part of the U.S.-E.U. “Safe Harbor,” an agreement that had previously enabled American companies to transfer data from the European Union without running afoul of its stricter privacy laws.


Posted On Jul - 17 - 2016 Add Comments READ FULL POST
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