The Stored Communications Act and you

It’s always good to remember that storing your email on someone else’s server is a potential problem.

Should police need probable cause to request mobile-phone location data?

There are currently no firm standards on the kinds of Fourth Amendment protections that should apply to cell phone tracking data. This is becoming an issue as GPS and other tracking technologies have been added to cell phone to satisfy E911 requirements, and as police agencies have discovered the potential benefits of mobile-phone location data.

Retention of transactional Web browsing data

The FBI is pressing Internet service providers to record which Web sites customers visit and retain those logs for two years.

Applying the Fourth Amendment to data in the cloud

In a Note called Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing, David A. Couillard explores the potential applicability of the Fourth Amendment to data stored in offsite servers: spreadsheets in Google Docs, accounting data hosted on FreshBooks, and pretty much everything synced through DropBox, just to name three example services.

Should signing a petition be a confidential act?

The Supreme Court has accepted a new case on to its docket concerning the constitutionality of a Washington State law being used as the basis to publish the names of signers of a petition to restrict gay rights.

Why can the TSA subpoena bloggers to get at their sources?

The TSA issued a directive aimed at instituting new security measures. After two bloggers published it, the TSA issued subpoenas that sought to compel them to reveal their sources. Why did the TSA think they could do this, and did they have the power to enforce their request?

Should the government need a warrant to access your Google Books history?

Should accessing content via the Google Books service provide the same protections as one would receive when relying on a bookstore? The Electronic Frontier Foundation (EFF) and the ACLU say, “Yes.”

Journalist Shield Laws and Bloggers

Image via Wikipedia
Should so-called “shield laws,” intended to provide protection for journalists from being forced to reveal their confidential sources, apply to bloggers? The current answer seems to be “no,” although the question must be asked on a jurisdiction-by-jurisdiction basis.
In the United States, there is no federal shield law, for journalists or bloggers. There are, [...]

What You Write Could Get You Sued

Image by AFP/Getty Images via Daylife
From the Wall Street Journal comes an article cheerfully titled Bloggers, Beware: What You Write Can Get You Sued – WSJ.com
Be careful what you post online. You could get sued.
In March 2008, Shellee Hale of Bellevue, Wash., posted in several online forums about a hacker attack on a company that [...]

Reusable Example Privacy Policy and Terms of Use

Image via CrunchBase
So you’ve decided your new Web site needs a privacy policy or terms of service. Why? Perhaps you are collecting personal information, or providing a service that visitors may come to depend on. (Or maybe you’re just a lawyer and obsessively use disclaimers, waivers, and contracts throughout your daily life. If you make [...]

pacer-logo

From the New York Times, “An Effort to Upgrade a Court Archive System to Free and Easy“:
For those searching for federal court decisions, briefs and other legal papers, there is no Google. Instead, there is Pacer, the government-run Public Access to Court Electronic Records system designed in the bygone days of screechy telephone modems. Cumbersome, [...]

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