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Tag Archives: Privacy

Seventh Circuit Denies Neiman Marcus’ Rehearing of Data Breach Class Action.

29 Tuesday Sep 2015

Posted by Celia C. Elwell, RP in 7th Circuit Court of Appeals, Appellate Law, Computer Forensics, Computer Virus, Cybersecurity, Identity Theft, Malware

≈ Comments Off on Seventh Circuit Denies Neiman Marcus’ Rehearing of Data Breach Class Action.

Tags

Data Breach, Hackers, Hunton and Williams, Identity Theft, Privacy, Privacy & Information Security Law Blog, Seventh Circuit Court of Appeals

Seventh Circuit Denies En Banc Review For Data Breach Class Action, Privacy & Information Security Law Blog posted by Hunton and Williams

https://www.huntonprivacyblog.com/2015/09/29/seventh-circuit-denies-en-banc-review-for-data-breach-class-action/

Plaintiffs, Neiman Marcus cardholders, brought a class action against the store for damages caused by a 2013 data breach. Hackers accessed customers’ credit and debit cards, as well as other personal information. The Northern District of Illinois, Eastern Division, ruled that the individual Plaintiffs and the class action against Neiman Marcus lacked standing under Article III of the Constitution.

Plaintiffs appealed to the United States Court of Appeals for the Seventh Circuit. The link takes you to the Seventh Circuit’s opinion explaining how Plaintiffs prevailed and why it reversed and remanded the case. Neiman Marcus filed for rehearing. The Seventh Circuit followed its usual habit, and denied it.

The Seventh Circuit’s analysis of its reasons ruling that Plaintiffs had met the three requirements for Article III standing is well worth the read. An added bonus is the link to the 2014 edition of The Practitioner’s Handbook for Appeals to the United States Court of Appeals for the Seventh Circuit, -CCE

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“Release To One, Release to All” – A New FOIA Policy.

15 Wednesday Jul 2015

Posted by Celia C. Elwell, RP in Freedom of Information Act, Government

≈ Comments Off on “Release To One, Release to All” – A New FOIA Policy.

Tags

Adam Marshall, Department of Justice, FOIA, Privacy, Reporters Committee for the Freedom of the Press

Federal Agencies Announce Limited Trial Of “Release For One, Release To All” FOIA Policy, by Adam Marshall, Reporters Committee for the Freedom of the Press

http://tinyurl.com/nh9m5ky

With little public fanfare, seven federal agencies have announced a controversial trial program of publishing documents responsive to most Freedom of Information Act requests online.

Under the program, known as a “Release-to-One is Release-to-All” policy, any member of the public will presumably have access to the result of almost any FOIA request. . . .

Continue reading →

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Who Has Your Back – Digitally Speaking?

04 Saturday Jul 2015

Posted by Celia C. Elwell, RP in 1986 Electronic Communications Act, Computer Forensics, Cybersecurity, Intellectual Property, Internet, Legal Technology, Public Domain

≈ Comments Off on Who Has Your Back – Digitally Speaking?

Tags

1986 Electronic Communications Privacy Act, beSpacific Blog., Cybersecurity, Government Surveillance, NSA, Privacy, Sabrina I. Pacifici

Report – Who Has Your Digital Back? by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/report-who-has-your-back/

Technology is changing literally all the time. Unfortunately, the law does not. Congress has yet to update the 1986 Electronic Communications Privacy Act. For example, there is no law that emails stored longer than 6 months has the same protection emails stored less than 6 months.

To date, there are no NSA reforms for surveillance of online communication. It is possible that Congress will go farther and mandate “back doors” to allow government to access more digital information. Reports of hackers accessing our financial and private information are no longer surprising. Although companies assure us that our information is secure, is it?

These matters go the heart of digital privacy issues for companies and individuals and FOIA requests. Some of you will be surprised how vulnerable we are. -CCE

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Are iPad Text Messages Protected Under Your State’s Wiretapping Laws?

30 Tuesday Jun 2015

Posted by Celia C. Elwell, RP in Admissibility, Appellate Law, Case of First Impression, Evidence, Government, Intellectual Property, iPad, Legal Technology

≈ Comments Off on Are iPad Text Messages Protected Under Your State’s Wiretapping Laws?

Tags

iPad, Pennsylvania Wiretapping and Electronic Surveillance Control Act, Privacy, Text Messages, The Democratic Underground.com, Wiretapping

iPad Texts Not Private Under Wiretap Act | The Legal Intelligencer*, The Democratic Underground.com

(The Legal Intelligencer requires subscription but is free for 5/mo articles.)

http://www.democraticunderground.com/10026893652

iPads are popular in the legal and business world. It would be a good idea to check your state’s wiretapping law and determine whether your client’s and your own text iPad messages have a reasonable expectation to privacy. -CCE

An iPad does not fall within the telephone exemption under the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and users of the device do not have a reasonable expectation of privacy when it comes to sending text messages, the state Superior Court has ruled in a case of first impression. . . .

Continue reading →

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Employment Law Fallacies – How Many Will You Get Right?

01 Monday Jun 2015

Posted by Celia C. Elwell, RP in At-Will Employment, Employee Manuals, Employment Law, Whistleblower, Wrongful Termination

≈ Comments Off on Employment Law Fallacies – How Many Will You Get Right?

Tags

At-Will Employment, Employment Law, Free Speech, Privacy, Rest Breaks, San Antonio Employment Law Blog, Thomas J. Crane

Nine Employment Law Myths, by Thomas J. Crane, San Antonio Employment Law Blog

http://tinyurl.com/o2xdkpa

Many potential clients, friends and some folks I barely know share their knowledge with me about employment law.  Unfortunately, many of them are flat wrong. Here are a few of the more common employment law myths I encounter. . . .

Continue reading →

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Want To Remove Your House From Google Map’s Street View? No Problem.

11 Wednesday Feb 2015

Posted by Celia C. Elwell, RP in Google Map

≈ Comments Off on Want To Remove Your House From Google Map’s Street View? No Problem.

Tags

Bloomberg Business, Google Maps, Google Street View, Mark Zuckerberg, Patrick Clark, Privacy, Tom Hall

It’s Surprisingly Simple to Get Your House Off Google Street View. It’s Also Permanent, by Patrick Clark, with assistance from Tom Hall, Bloomberg Business

http://tinyurl.com/kq9qgsp

You may have a good reason for your house to be on Google Map. But if you don’t, you’ll like this. -CCE

Like your privacy? So does Facebook CEO Mark Zuckerberg, as we see here.

Just one question: Why does his house vanish into thin air when you drive past it?

At least, that’s what happens in Google Street View, the Google Maps feature that lets you switch to a panoramic view of a building or block. . . .

Continue reading →

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Problems With Automobile Security and Privacy Vulnerabilities.

11 Wednesday Feb 2015

Posted by Celia C. Elwell, RP in Cybersecurity, Litigation, Motor Vehicle, Product Liability

≈ Comments Off on Problems With Automobile Security and Privacy Vulnerabilities.

Tags

Automobile Manufacturers, Cyber Attacks, Hacking, Motor Vehicles, Privacy, Security, Technology, Tracking

Markey Report Reveals Automobile Security and Privacy Vulnerabilities, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/markey-report-reveals-automobile-security-privacy-vulnerabilities/

‘New standards are needed to plug security and privacy gaps in our cars and trucks, according to a report released today by Senator Edward J. Markey (D-Mass.). The report, called Tracking & Hacking: Security & Privacy Gaps Put American Drivers at Risk and first reported on by CBS News’ 60 Minutes, reveals how sixteen major automobile manufacturers responded to questions from Senator Markey in 2014 about how vehicles may be vulnerable to hackers, and how driver information is collected and protected. The responses from the automobile manufacturers show a vehicle fleet that has fully adopted wireless technologies like Bluetooth and even wireless Internet access, but has not addressed the real possibilities of hacker infiltration into vehicle systems. The report also details the widespread collection of driver and vehicle information, without privacy protections for how that information is shared and used. ‘Drivers have come to rely on these new technologies, but unfortunately the automakers haven’t done their part to protect us from cyber-attacks or privacy invasions. Even as we are more connected than ever in our cars and trucks, our technology systems and data security remain largely unprotected,’ said Senator Markey, a member of the Commerce, Science and Transportation Committee. ‘We need to work with the industry and cyber-security experts to establish clear rules of the road to ensure the safety and privacy of 21st-century American drivers.’ Senator Markey posed his questions after studies showed how hackers can get into the controls of some popular vehicles, causing them to suddenly accelerate, turn, kill the brakes, activate the horn, control the headlights, and modify the speedometer and gas gauge readings. Additional concerns came from the rise of navigation and other features that record and send location or driving history information. Senator Markey wanted to know what automobile manufacturers are doing to address these issues and protect drivers.’

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Westlaw Public Records Database Breached. Who Is Affected?

16 Sunday Nov 2014

Posted by Celia C. Elwell, RP in Cybersecurity, Encryption, Identity Theft, Legal Technology, Privacy, References, Research, Westlaw

≈ Comments Off on Westlaw Public Records Database Breached. Who Is Affected?

Tags

Credit Monitoring, Data Breach, Identity Theft, New Hampshire, Privacy, Westlaw

Westlaw Discloses Breach Of Public Records Database, by Sabrina I. Pacifici, BeSpacific Blog

http://tinyurl.com/pffqhny

News release: ‘West Publishing Corporation, a unit of Thomson Reuters, has notified the New Hampshire Attorney General’s Office of a breach involving their Westlaw subscription-only public records database. In a letter dated November 4th to those affected, Senior Vice President Andy Martens explained that on October 14, they detected unusual search activity. Investigation revealed that some subscribers’ passwords had been compromised and used to access the database. The types of information involved included addresses, date of birth, and in some cases, driver’s license numbers and Social Security numbers. No bank account or credit card information was involved. In response to the breach, West removed external access to full sensitive identifiers in public records, forced a password reset on all public user accounts, and implemented  additional technological controls to detect and respond to searches of more limited public records that also appeared unauthorized. Federal law enforcement was also contacted. West offered those affected two years of free credit monitoring with Experian ProtectMyID Elite. Nine NH residents were notified. The total number of individuals notified was not indicated in their report to New Hampshire.’

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What Happens On Facebook Doesn’t Always Stay On Facebook.

15 Wednesday Oct 2014

Posted by Celia C. Elwell, RP in Litigation

≈ Comments Off on What Happens On Facebook Doesn’t Always Stay On Facebook.

Tags

Dan Nabel, Facebook, Law Law Land Blog, Litigation, Privacy, Social media

Fun with Facebook, by Dan Nabel, Law Law Land Blog

http://tinyurl.com/ntv6hxg

I recently attended a presentation by retired judge Jacqueline Connor on the effect of social media in the legal system.  After listening to her talk about a number of highly amusing cases, I went online to see just how many such cases are now out there.  I was shocked to find that in the month of February 2014 alone, there were over 100 legal opinions issued in the U.S. just involving Facebook.  While some of these cases were more disturbing than amusing, there were a few gems that cried out to be written about. . . .

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Canvas Fingerprinting – The Online Computer Tracking Device Almost Impossible To Block.

23 Wednesday Jul 2014

Posted by Celia C. Elwell, RP in Computer Forensics, Cybersecurity, Identity Theft, Legal Technology

≈ Comments Off on Canvas Fingerprinting – The Online Computer Tracking Device Almost Impossible To Block.

Tags

AdBlock Plus, AddThis, Canvas Fingerprints, Computer Code, Computer Forensics, Computer Tracking, Julia Angwin, Mashable, Privacy, ProPublica, User Profiles

Meet the Online Tracking Device That is Virtually Impossible to Block, by Julia Angwin, ProPublica

(This story was co-published with Mashable.)

http://tinyurl.com/mbqqrw

Update: After this article was published, YouPorn contacted us to say it had removed AddThis technology from its website, saying that the website was ‘completely unaware that AddThis contained a tracking software that had the potential to jeopardize the privacy of our users.’  A spokeswoman for the German digital marketer Ligatus also said that is no longer running its test of canvas fingerprinting, and that it has no plans to use it in the future.

A new, extremely persistent type of online tracking is shadowing visitors to thousands of top websites, from WhiteHouse.gov to YouPorn.com.

First documented in a forthcoming paper by researchers at Princeton University and KU Leuven University in Belgium, this type of tracking, called canvas fingerprinting, works by instructing the visitor’s Web browser to draw a hidden image. Because each computer draws the image slightly differently, the images can be used to assign each user’s device a number that uniquely identifies it.

*      *     *

Like other tracking tools, canvas fingerprints are used to build profiles of users based on the websites they visit — profiles that shape which ads, news articles, or other types of content are displayed to them.

But fingerprints are unusually hard to block: They can’t be prevented by using standard Web browser privacy settings or using anti-tracking tools such as AdBlock Plus.

The researchers found canvas fingerprinting computer code, primarily written by a company called AddThis, on 5 percent of the top 100,000 websites. . . .

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Forget Me – Europe Rules On Removing Google Links.

17 Saturday May 2014

Posted by Celia C. Elwell, RP in Copyright, Google, Intellectual Property, Internet, Legal Technology, Privacy, Public Domain

≈ Comments Off on Forget Me – Europe Rules On Removing Google Links.

Tags

Copyright Holders, Data Protection, Google, Privacy, Remove Links, Reputation

European Ruling On Removing Google Links May Leave A Mess, by Aarti Shanani, All Tech Considered, NPR

http://tinyurl.com/k747wvt

Google’s lawyers are trying to make sense of a ruling they did not expect.

This week, Europe’s highest court decided that people have a right to have search results about them deleted from online databases. So Google has to remove links to certain pages. Legal experts in Europe are torn about what, exactly, that means.

What Prompted The Ruling

There’s a man in Spain who doesn’t like his search results. I ask a fellow Spaniard, Cristina de la Serna in Madrid, to show us why.

She goes to Google.es, Spain’s version of the search engine, and types in the name Mario Costeja Gonzalez. The second result she gets for Gonzalez is a link to a 1998 Spanish newspaper clip. It shows his home was repossessed because of debt.

Google Must Delete Personal Data When Asked, European Court Says

Gonzalez wants the old blemish to go away, and de la Serna thinks he’s got a point. Searching people isn’t the same as searching for shoes, cars or books. . . .

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FAA Appeals Commercial Use of Drones for Aerial Photographs.

16 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Aerial Photographs, Aviation Law, Drones, Federal Aviation Administration, Government, National Transportation and Safety Board, Privacy

≈ Comments Off on FAA Appeals Commercial Use of Drones for Aerial Photographs.

Tags

Aerial Photographs, Aviation, Commercial Drones, Drones, FAA Modernization and Reform Act, Federal Aviation Administration, Model Aircraft, National Transportation and Safety Board, Privacy, Raphael Pirker

The Federal Aviation Administration Appeals Most Recent Drone Ruling, by Charles D. Tobin, Holland & Knight LLP

http://perma.cc/ED68-NEUC

The Federal Aviation Administration (FAA) has appealed this month’s ruling by an administrative law judge striking down a fine against a paid photographer who had strapped cameras to a model airplane and photographed the University of Virginia.

The case, now pending before the National Transportation and Safety Board (NTSB), could alter the flight path of the current development of regulations and laws that will affect newsrooms’ abilities to use drones to gather news. . . .

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Will Using Electronic Health Records Affect Your Privacy?

19 Sunday Jan 2014

Posted by Celia C. Elwell, RP in Electronic Records, Health Law, HIPAA, Privacy

≈ Comments Off on Will Using Electronic Health Records Affect Your Privacy?

Tags

Electronic Records, Health Records, HIPAA, Privacy, U.S. Department of Health & Human Services Office for Civil Rights

Privacy, Security, And Electronic Health Records, U.S. Department of Health & Human Services Office for Civil Rights

http://tinyurl.com/kd7plbb

For more information, go to http://www.hhs.gov/ocr/privacy/.

Your health care provider may be moving from paper records to electronic health records (EHRs) or may be using EHRs already. EHRs allow providers to use information more effectively to improve the quality and efficiency of your care, but EHRs will not change the privacy protections or security safeguards that apply to your health information.

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New Android and iPhone Apps for Lawyers.

27 Friday Dec 2013

Posted by Celia C. Elwell, RP in Android Phones, Apple, Apps, Cell Phones, iPhones, Law Office Management, Legal Technology

≈ Comments Off on New Android and iPhone Apps for Lawyers.

Tags

Android Apps, Android Phones, Apps, Calendar, CourtDial App, DoItTogether App, iPhones, Medly by AppleBrew, NSA, Privacy, Quip by Quip, The Cyber Advocate

Best New Apps for Lawyers – December 2013, The Cyber Advocate

http://tinyurl.com/kf3q3ju

A nice collection of apps.  It is hard to decide which one is the best or most useful. The price range goes from free to $4.99. -CCE

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Two Landmark Decisions With Different Conclusions on Personal Privacy Protections

22 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, iPhones, Legal Technology, Privacy

≈ Comments Off on Two Landmark Decisions With Different Conclusions on Personal Privacy Protections

Tags

Cell Phones, GPS, Privacy

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

 

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Your Privacy, Email, and Gmail – Did You Know That . . . ?

22 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in Emails, Google, Legal Technology

≈ Comments Off on Your Privacy, Email, and Gmail – Did You Know That . . . ?

Tags

Email, Google, Legal Technology, Privacy, SendInc

What you need to know about privacy, email, and particularly Gmail, by Lincoln Spector, PCWorld (with hat tip to Shawn J. Roberts!)
http://bit.ly/19nO4fO

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Facebook’s New Controversial Rule Change on Teen Privacy

18 Friday Oct 2013

Posted by Celia C. Elwell, RP in Recent Links and Articles

≈ Comments Off on Facebook’s New Controversial Rule Change on Teen Privacy

Tags

Facebook, Privacy, Teens

Facebook Loosens its Rules on Teen Privacy, by Sharon Gaudin, CIO
http://bit.ly/1i2A4d6

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Keep Mobile Data Safe

17 Thursday Oct 2013

Posted by Celia C. Elwell, RP in Android Phones, iPad, iPhones, Legal Technology

≈ Comments Off on Keep Mobile Data Safe

Tags

Antivirus, Encryption, Firewalls, iOS, Legal Technology, Malware, Mobile Devices, Privacy

Security to go: Three tips to keep your mobile data safe, by Ian Paul, PC World
http://bit.ly/19bIbSL

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