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Internet On Trial

Modern Day Litigation, Cyber Defamation, and Law in Sports & Entertainment

Category Archives: Privacy Law

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Is All Your Software and Firmware Up To Date?

Posted in Internet & Media Law, Privacy Law, Technology Law
Do you ignore messages like this? A recent study analyzing the security health of 4.6 million endpoint devices, which included 3.5 million mobile phones across multiple industries and geographic regions revealed that across all devices and operating systems (OS), only about 31% of the devices were running the latest OS version. That means more than two-thirds… Continue Reading

Own a gun? Hope you like jail.

Posted in New Jersey, Privacy Law
For all intents and purposes, it’s a crime just to have or possess a gun in the state of New Jersey—unless you’re in your own home—and with new rules just announced by the New Jersey judiciary, people charged with gun-related crimes now will go to jail immediately, denied bail, and the presumption of innocence until proven… Continue Reading

Can Hackers Access Your Data by Copying Your Fingerprints?

Posted in Privacy Law
Unlocking your iPhone using biometrics (“fingerprint”) authentication is undoubtedly convenient, but have you considered the cost—the security tradeoffs you make in exchange for that added convenience? Although privacy and Fourth Amendment laws among the states are still very much in flux, it’s no longer just the police you have to worry about accessing your data. Digital photo technology… Continue Reading

Government “Appeals” Judge Orenstein’s Ruling

Posted in Litigation & Appeals, Privacy Law, Technology Law
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”… Continue Reading

The Government’s War on Encryption, Backdoors, and What in the World Would Antonin Scalia Do?

Posted in Internet & Media Law, Privacy Law, Technology Law
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… Continue Reading

How Secure Are Your Text Messages?

Posted in Privacy Law, Technology Law
Over 6 billion text messages are sent in the U.S. every single day. That’s 6,000,000,000. Ninety-seven percent of Americans send at least one text message per day. The average Millennial exchanges 67 texts per day. Text messaging is rapidly becoming the preferred method of communication for many people. But just how private are those messages? Do… Continue Reading

Über Policy Updates Raises Privacy Concerns

Posted in Privacy Law
I’m a huge fan of Über — the mobile app that gives you instant access to a chauffeured Town Car, SUV, or eco-friendly hybrid vehicle, 24 hours a day, in over 300 cities worldwide. As an Internet & privacy law attorney, however, I’ve had to convince myself to look the other way regarding its privacy policy, which permits the… Continue Reading

Do You Control Your Smart TV Using Voice Commands?

Posted in Privacy Law
For the superstitious, and conspiracy theorists, an Orwellian revelation on this Friday the 13th of February. As reported last week by the Daily Beast, Samsung, the world’s no. 1 manufacturer of HDTVs, is warning customers who use voice commands to control their smart TVs that if they speak “personal or other sensitive information, that information will… Continue Reading

SCOTUS Catapults Itself into the 21st Century

Posted in Privacy Law
The proverbial ink wasn’t even dry from yesterday’s recap of Edward Snowden’s chilling account of the extent to which the government can literally take control of any cellular phone, when the Supreme Court of the United States (SCOTUS) published its landmark opinion in Riley v. California, which requires police to get a warrant before searching… Continue Reading

Ed Snowden: The Government Can Own Your Cell Phone

Posted in Privacy Law
Although the U.S. government probably wants us to think it’s yesterday’s news, last month NBC News broadcast an exclusive hour-long interview with Brian Williams and the most wanted man in the world—Edward Snowden—in his first ever American television interview. In case you missed it (it ran at 10 p.m. EST on Weds. May 28), the… Continue Reading

It’s good to own an iPhone—especially if you don’t live in Minnesota

Posted in Privacy Law, Technology Law
While Congress mulls over proposed federal legislation that would require smartphone manufacturers to incorporate a “kill switch” feature in all new devices sold, Minnesota just beat them to punch, becoming the first state to enact such a law. The so-called kill switch is a feature that would allow devices to be completely disabled—remotely—as a way… Continue Reading

Privacy Legislation is a Priority for Congress in 2014

Posted in Computer Crimes, Internet & Media Law, Privacy Law
In the wake of the recent Target stores and Neiman Marcus data breaches (plus three other well-known retailers, according to this Reuters report) Congress has 20 privacy bills in the works this year, aimed at consumer privacy and data protection. The Personal Data Privacy & Security Act of 2014 (PDF) introduced by New York Senator Chuck Schumer (@SenSchumer), along… Continue Reading

Third Circuit Will Hear GPS Tracking Case En Banc

Posted in New Jersey, Privacy Law, Technology Law
In October, the Third Circuit Court of Appeals became the highest federal court to decide that police must first have a search warrant before they can install a GPS tracking device on a vehicle. That decision came roughly a year after the U.S. Supreme Court decided that installing a GPS tracking device on a vehicle constitutes a “search”… Continue Reading

The 12 Days of … Privacy?

Posted in Privacy Law
Do you love your smartphone, can’t imagine coping without it by your side 24/7, but at the same time are concerned about your expectation of privacy? Earlier this week, Boston attorney Cynthia Larose posted a great recap and summary of the current law and pending legislation in the areas of biometrics, facial recognition, geolocation (a/k/a GPS… Continue Reading