The U.S. Attorney for the Eastern District of New York (that’s Brooklyn, for everyone in the rest of the world) has filed an “appeal” of Magistrate Judge James Orenstein’s order denying its motion to compel Apple to develop software to bypass the security measures built into iOS to withstand a brute force attack. Why is “appeal” in quotes you ask? Continue Reading
Earlier this week, the anti-encryption discussion got elevated to a war. No, a federal court judge did not order Apple to crack the encryption on the dead terrorist’s iPhone 5C, though you’d be forgiven if that’s what you heard or believed, since mainstream media outlets as big as NBC are reporting it that way. Thanks to Mike Masnick (@mmasnick) at Techdirt, I don’t have to explain the difference between what the order entered by U.S. Magistrate Judge Sheri Pym says versus the way it’s been widely reported in the news. Continue Reading
Copyright trolls like Malibu Media, Voltage Pictures, Dallas Buyers Club, TCYK, and Manny Film LLC now account for over 40% of all copyright infringement lawsuits in the United States. Over the last half decade, these and other vexatious litigants have devised a scheme to outmaneuver the legal system by exploiting the nexus of antiquated U.S. copyright law — which has miserably failed to keep up with the technology and capabilities of the Internet — with the paralyzing social stigma of being accused of stealing, in federal court, and the relative costs of paying for a legal defense versus paying the copyright troll to “settle out of court.” While it is true that existing copyright law allows up to a $150,000 statutory penalty per single act of willful infringement, copyright trolls aim for much lower hanging fruit; Continue Reading
If you needed another reason not to break the law, here’s one: Last week, the New Jersey Supreme Court ruled that expungements are no longer available for individuals with multiple convictions for a “single spree” of crimes. Expungement is the process of erasing a criminal conviction from a person’s record. The way it works is, typically, after a first-time offender is convicted of a crime and successfully completes the sentence ordered by the court, they are made to wait a 5–10 years during which they must not commit any further crimes or offenses, and at the end of that period they can apply to the court for an order of expungement. The theory behind expungement is that it is available in limited circumstances to people who made just a single mistake, a single lapse in judgment, or Continue Reading
Police arrested a 30-year-old New Jersey resident for aggravated assault, and making terroristic threats, because he posted something on Facebook, which implied that he condones violence against abusive law enforcement officers that harass innocent citizens.
People are making much ado about this week’s decision out of a Washington state appellate court surrounding a negative online review on the popular lawyer website Avvo.com. But it’s really much ado about nothing. The Avvo decision didn’t change the law; its chief holding is that people who post to the Internet anonymously can remain anonymous under protections granted by the First Amendment, that you cannot unmask the anonymous poster unless you show the court evidence to support the underlying defamation claim. The holding does not give a green light to Internet trolls everywhere to engage in malicious cyber-defamation campaigns at will.
This is part two of a two-part post addressing ten of the most common questions new clients ask about email.
6. When is it not okay to delete emails?
On the other hand, if you suspect that a lawsuit could result over something that was discussed in an email, then you have an absolute duty to preserve the data. If you intentionally delete that email, in an attempt to “destroy the evidence,” you are likely to wind up in big trouble. And this applies regardless of whether your last name is Petraeus, Cheney, or Clinton.
7. Some people say email isn’t secure, that true?
Yes, it’s true. But that doesn’t mean you shouldn’t use email. It just means that certain kinds of data, or sensitive subject matter should not be send using email (unless it’s encrypted, of course). (This is just a very simplified, short answer to a very complicated issue, by the way.) Continue Reading