Tag Archives: Cell Phones

E-Discovery Red Herring?

20 Wednesday May 2015

Posted by in Discovery, E-Discovery, Privilege and Confidentiality

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Riley Cell Phone Decision a Red Herring in E-Discovery, by Craig Ball, Ball In Your Court Blog

https://ballinyourcourt.wordpress.com/2015/05/20/riley-cell-phone-decision-a-red-herring-in-e-discovery/

Yesterday’s post on the Digital Strata blog reported on a 2014 order of a U.S. District Court in Connecticut that applied the U.S. Supreme Court’s decision in Riley v. California, 573 U.S. _, 134 S. Ct. 2473 (2014) to civil discovery. I think the Court’s reliance on Riley is misplaced in the civil discovery context; not just because Riley involved state action, but because civil discovery affords a litigant greater protection from oppression and intrusion than that attendant to the search and seizure in Riley. . . .

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Using Social Media In Police Criminal Investigations.

12 Thursday Feb 2015

Posted by in Android Phones, Cell Phones, Criminal Law, iPhones, Legal Technology, Video

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Monitoring Social Media: The New Face of Criminal Investigations, by Jeff Bellin, EvidenceProf Blog

http://tinyurl.com/lccsvkq

A recent story illustrates the bonanza of social media evidence police can obtain without ever leaving the station.

From the Richmond Times Dispatch, someone allegedly crashed a van into a Richmond area high school.

‘After the crash, which occurred about 1:30 a.m., investigators monitored Twitter, Facebook and other social media sites for information on who may have been responsible. The effort paid off, police said.

In addition to incriminating tweets, text messages and phone calls, detectives recovered a cellphone video of the crash itself — footage that shows a 1996 Ford Club Wagon van slamming into the school, said Chesterfield police Lt. Steve Grohowski.’

The New and The Best Lawyer Apps for 2015.

07 Saturday Feb 2015

Posted by in Android Phones, Apps, Cell Phones, iPad, iPhones, Law Office Management, Legal Technology, Management, Marketing, Trial Tips and Techniques

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Best New Apps for Lawyers from January 2015, by Brian Focht, Civil Litigation Attorney at Styles Byrum & Horne LLP

http://tinyurl.com/mdhprmo

Whether you’re looking to market your firm, increase your practice’s productivity, prepare and present information at trial, or increase your practice management capacity, there’s an app for you! Check out the best new apps for lawyers, for iOS, Android and Windows Phone, from January 2015!

And,

The Best New Apps for Lawyers – January 2015, thecyberadvocate.com

Whether you’re looking for marketing, practice management, or litigation strategy, here are the best new apps for lawyers from January 2015.

Using Location And Time To Exonerate Or Implicate.

26 Wednesday Nov 2014

Posted by in Android Phones, Blackberry Phones, Cell Phones, Criminal Law, Evidence, Experts, Forensic Expert Witness, iPad, iPhones, Legal Technology, Trial Tips and Techniques

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Location. Location. Location., by Craig Ball, Ball In Your Court Blog

http://tinyurl.com/mq2u5zv

Okay, you have to admit that it’s pretty cool when a judge calls to pick your brain! – CCE 

I’m peripatetic. My stuff lives in Austin; but, I’m in a different city every few days. Lately looking for a new place for my stuff to await my return, I’m reminded of the first three rules of real estate investing: 1. Location; 2. Location and 3. Location.

Location has long been crucial in trial, too: ‘So, you claim you were at home alone on the night of November 25, 2014 when this heinous crime was committed! Is that what you expect this jury to believe?’ If you can pinpoint people’s locations at particular times, you can solve crimes. If you have precise geolocation data, you can calculate speed, turn up trysts, prove impairment and even show who had the green light. Location and time are powerful tools to implicate and exonerate.

A judge called today to inquire about ways in which cell phones track and store geolocation data. He wanted to know what information is recoverable from a seized phone.  I answered that, depending upon the model and its usage, a great deal of geolocation data may emerge, most of it not tied to making phone calls. Tons of geolocation data persist both within and without phones.

Cell phones have always been trackable by virtue of their essential communication with cell tower sites. . . .

Permacookies – AT&T’s and Verizon’s Way Of Saying “Hello.”

16 Sunday Nov 2014

Posted by in Apple, Cell Phones, Cybersecurity, iPad, iPhones, Legal Technology, Mac, Search Engines, Tablets

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AT&T Kills The ‘Permacookie,’ Stops Tracking Customers’ Internet Usage (For Now), by Nick Mediati, PC World

http://tinyurl.com/kff7k94

In recent weeks, Verizon and AT&T have been caught up in a privacy firestorm over their use of so-called ‘permacookies,’ a method of tracking what their users do while browsing the Web with the intent of sharing that data with advertisers. Verizon’s permacookie program lives on, but AT&T has ceased the practice, ProPublica reported on Friday.

At least for now.

AT&T tells ProPublica that its use of permacookies was ‘part of a test,’ which has since wrapped up, but the company says that it ‘may still launch a program to sell data collected by its tracking number.’ For its part, AT&T says that it will allow customers to opt out of the program if—or when—it decides to use permacookies for advertising purposes.

The story behind the story: Permacookies aren’t cookies in the traditional sense: Instead, they’re unique identifiers appended to website addresses you type in on your device that let carriers see what kinds of sites you visit.

Permacookies exist for the same reason traditional tracking cookies exist—so advertisers can see what sorts of things you might be interested and serve up related ads in the hopes that you’ll click on them. But unlike regular tracking cookies, which you can easily delete from your browser or block entirely, there’s no way of removing or blocking permacookies since they’re handled entirely by the carrier. . . .

Is It Time For A “Bring Your Own Device” Policy for Your Law Office?

01 Tuesday Jul 2014

Posted by in Android Phones, Apple, Blackberry Phones, Cell Phones, Clouds, Computer Forensics, Confidentiality, Cybersecurity, Disaster Preparedness, Emails, Encryption, Google, Intellectual Property, iPad, iPhones, Law Office Management, Legal Blogs, Legal Ethics, Legal Technology, Mac, Management, Marketing, Passwords, PC Computers, Social Media, Supervising Support Staff, Tablets, Technology, Using Social Media

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Mobile Device Security for Lawyers: How Solos and Small Firms can Ethically Allow Bring Your Own Device, by Will Harrelson, Curo Legal Blog (with hat tip to Jeff Richardson, iPhone J.D. Blog!)

http://tinyurl.com/lrrnp7g

The Start of Bring Your Own Device Policies

It really is the iPhone’s fault. Yes, Apple is to blame for designing the most desirable piece of technology of the last decade. So desirable, in fact, that employees of all stripes requested (and, often, begged) their IT departments to toss the increasingly-‘corporate’ Blackberry out the window and allow the use of their personal iPhones for corporate emails and calls. As a result, we have been living in the age of ‘Bring Your Own Device’ where employees use a single personal mobile phone (or tablet) for both their personal email, texting, and social media while also using it for work email, word processing, and other enterprise applications.

Before the Bring Your Own Device era, a company’s greatest out-of-office security concern was an employee who left a briefcase in a taxi. Today, the worry is an employee misplacing a device the size of wallet containing almost limitless amounts of data that criminals or hackers would easily and quickly exploit if given the chance. Clearly, there is an obvious financial motivation for all businesses to protect their own or customer’s sensitive data.

However, lawyers face particular ethical consequences if they fail to take reasonable efforts to either investigate the technologies that they implement or protect their client’s confidential information. . . .

The U.S. Supreme Court’s Recent Cell Phone Ruling.

28 Saturday Jun 2014

Posted by in Android Phones, Appellate Law, Blackberry Phones, Cell Phones, Fourth Amendment - Search & Seizure, iPhones, Legal Technology, Search Warrants, United States Supreme Court

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The Scary Part Of The Supreme Court’s Cellphone Ruling, by Fred Barash, The Washington Post

http://tinyurl.com/oa2t6te

That Supreme Court ruling on cellphones was supposed to be reassuring. The government needs a warrant to search your phone, the court ruled.

But read Riley vs. California more closely and it’s just a little scary — particularly for those who pay little attention to what’s on their smartphones. If you don’t think your phone exposes your life-all of it-take it from the nation’s highest court.

Your phone, says the court, is your life. Cracking it open is even more revealing than rummaging through your home, which the Fourth Amendment’s protection against unreasonable searches was designed to protect. . . .

Will Kill Switches Stop Cell Phone Theft?

10 Monday Feb 2014

Posted by in Android Phones, Apple, Blackberry Phones, Cell Phones, iPad, iPhones, Legal Technology, Tablets

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Calif. Bill Would Require Cell Phone Kill Switches, by Angela Moscaritolo, PC Magazine

http://www.pcmag.com/article2/0,2817,2430471,00.asp

Cell phone theft is a growing problem, but a group of California lawmakers think they have a solution.

State Sen. Mark Leno (D-San Francisco) on Friday is expected to introduce legislation requiring all smartphones and tablets sold in the state to contain a so-called “kill switch,” which would render the device inoperable if it was lost or stolen. The bill, which is sponsored by San Francisco Attorney General George Gascón, would apply to any device sold after Jan. 1, 2015. . . .

Can Law Enforcement Search A Cell Phone Without A Warrant?

02 Sunday Feb 2014

Posted by in 1st Circuit Court of Appeals, 4th Circuit Court of Appeals, 5th Circuit Court of Appeals, Android Phones, California Supreme Court, Cell Phones, Constitution, Florida Supreme Court, Fourth Amendment - Search & Seizure, Georgia Supreme Court, iPad, iPhones, Legal Technology, Massachusetts Supreme Court, Ohio Supreme Court, Privacy, Tablets, United States Supreme Court

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Supreme Court Will Decide If Warrantless Cellphone Searches Are Constitutional, by Kwame Opam, The Verge

http://tinyurl.com/p7n2oqy

The United States Supreme Court will rule on two cases on whether a warrantless search of cell phones is legal under the Constitution. The U.S. Supreme Court’s decisions will impact Fourth Amendment search and seizure procedures for law enforcement – must police first obtain a search warrant to access the data on an arrestee’s cell phone? May a cell phone and its digital data be used as evidence?

At this time, both federal circuit courts and state supreme courts disagree as to whether the police can search a cell phone without a warrant. The Fourth, Fifth, and Seventh U.S. Court of Appeals, together with the Supreme Courts of Georgia, California, and Massachusetts say yes, they can. The First Circuit Court of Appeals and the Supreme Courts of Florida and Ohio disagree.

The courts are not the only ones paying close attention to the outcome of these two cases. Several organizations and others are concerned about maintaining privacy of digital devices and data. Law enforcement is in favor a final decision allowing warrantless searches on cell phones if there is probable cause.

The Supreme Court may rule as early as April 2014. -CCE

Is Your Cell Phone Secure? Are You Sure?

06 Monday Jan 2014

Posted by in Android Phones, Cell Phones, Disaster Preparedness, iPad, iPhones, Law Office Management, Legal Ethics, Legal Technology, Tablets, Technology

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A Mobile Security Checklist for Attorneys, by Larry Port, Legal Productivity

http://tinyurl.com/l7tm97l

While attending a CLE event, have you ever left your laptop unattended? What if someone steals one of your mobile devices from your car or your home — or what if you inadvertently lose it in some way? Can someone else access your privileged client’s data? -CCE

I recently had the honor of writing a piece for ILTA’s Peer to Peer magazine on mobile security and presenting a webinar on the same topic. One piece of research blew me away: in a six-month period in Chicago, over 20 THOUSAND (yes – THOUSAND) cell phones were left in taxis.

Sure, maybe Chicago’s taxi seats are stickier than most, and perhaps the cold forces people into taxis more than in, say, Boca Raton, FL. The point is, you’re apt to lose a phone. And these days, with large amounts of data storage, functionality, and computational power on these things, that spells trouble for attorneys protecting client data.

Legal Rules Needed For Police To Allow Access To Your Cell Phone Data.

08 Sunday Dec 2013

Posted by in Android Phones, Cell Phones, Criminal Law, Evidence, iPhones, Privacy, Subpoenas

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Cell Data Dumps: A Legally Fuzzy Area, by John Kelly and Susanne Cervenka, USA TODAY

http://tinyurl.com/k9kudm2

The rules governing how police obtain and use data from cellphones is a target on the move, as state legislatures act to protect residents’ privacy and real-life criminal cases wend their way through state and federal courts.

Two Landmark Decisions With Different Conclusions on Personal Privacy Protections

22 Tuesday Oct 2013

Posted by in Android Phones, Cell Phones, iPhones, Legal Technology, Privacy

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Mixed Signals in Cell Phone Location Decisions, by Hanni Fakhoury, JURIST – Hotline
http://jurist.org/hotline/2013/09/hanni-fakhoury-cell-phone.php