Privacy

STLR Link Roundup – February 3, 2012

In Washington, the House and the Senate backed competing spectrum incentive auction bills, which would encourage current licensees to sell their under-utilized frequencies at auction to wireless carriers.  Lawmakers in both chambers want to package it with the payroll tax extension, which is expected to pass before the end of February.  Former FCC Chairman Reed [...]

Privacy Rights Re-“Kindled”: eBook Reader Privacy

There has been a tremendous sea change in the publishing landscape over the last several years. As people have been shifting from buying books in brick and mortar stores like Borders and Barnes and Noble, to online distribution of physical media like Amazon, to the rise of electronic distribution like Amazon’s Kindle or Apple’s iBooks [...]

The Right to Be Forgotten?

Have you ever Googled your own name? Statistics say that you probably have. Egotism aside, in a world where potential employers, schools and even romantic partners are likely to Google you, it would be irresponsible not to be aware of what pops up when you search your name. Many experts (and this non-expert) even recommend [...]

The Myth of De-Identified Data: Sorrell v. IMS Health and the privacy risks of the prescription data trade

While my colleagues have recently identified many of the potential risks and benefits of electronic medical record keeping, a case before the Supreme Court this term presents questions about the potential dangers it poses for patient privacy in particular. Background: Sorrell v. IMS Health In Sorrell v. IMS Health, plantiffs data-mining firms and PhRMA, an [...]

How Much Protection from Search and Seizure Does Your Email Have?

Does the government need a search warrant, requiring a showing of probable cause, in order to read your email—as it would if it wanted to read a physical letter? Not if the email has been “in electronic storage” for more than 180 days, under the 1986 Stored Communications Act (18 U.S.C. Section 2703). The Stored [...]

French Security Bill To Authorize Internet Filtering

On February 16, 2010, the Assemblée Nationale, the lower house of the French legislature, approved the draft  Loi d’Orientation et de Programmation pour la Sécurité Intérieure (Law on the Orientation and Programming for Internal Security, or “LOPPSI”[1]). After the DADVSI law of 2007, which criminalized Digital Rights Management (DRM) circumvention, and the controversial HADOPI law [...]

Google Buzz: A Recap of the Controversy and the Current Legal Issues

Google’s launch last week of Buzz, its social networking tool for Gmail, raised a furor over its privacy effects. As the New York Times reports, many Gmail users were outraged that their Gmail address books were turned into a public contact list, viewable to everyone in their address books, in Buzz.  Furthermore, Buzz is opt-out [...]

STLR Link Roundup – January 15, 2010

Here’s the latest on the STLR radar: Twitter is a source of evidence for a murder charge, reports the New York Daily News.  But could those tweets be copyrighted?  Law.com’s Law Technology News weighs in. The Electronic Frontier Foundation provides a good, link-heavy analysis of the unanswered questions surrounding Google’s decision to stop censoring their [...]

STLR Link Roundup – December 4, 2009

The latest on the STLR radar: Patent Docs reviews Senator Patrick Leahy’s proposals for patent reform. Third Circuit gives “Spam filter ate my filing notice” excuse a second chance, from the Technology & Marketing Blog. EFF sues to find out how the government spies on us using social networks; Indiana University students makes a Freedom [...]

US v. Miller and “Voluntary” Data Handover, c. 2009

In United States v. Miller, the Supreme Court held that there is no reasonable expectation of privacy in financial records maintained by a bank, because the information was voluntarily conveyed by the defendant to a third party (the bank). With new legislation mandating more data retention in the works, this is an appropriate time to [...]