EFF's warrantless wiretapping case dismissed
A federal judge has dismissed Jewel v. NSA, a case from the Electronic Frontier Foundation (EFF) on behalf of AT&T customers challenging the National Security Agency’s mass surveillance of millions of ordinary Americans’ phone calls and emails.
Applying the Fourth Amendment to data in the cloud
In a Note called Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing, David A. Couillard explores the potential applicability of the Fourth Amendment to data stored in offsite servers: spreadsheets in Google Docs, accounting data hosted on FreshBooks, and pretty much everything synced through DropBox, just to name three example services.
FBI "technically violated" wiretap laws for years
FBI general counsel Valerie Caproni said in an interview Monday that the FBI technically violated the Electronic Communications Privacy Act when agents invoked nonexistent emergencies to collect records.
Should signing a petition be a confidential act?
The Supreme Court has accepted a new case on to its docket concerning the constitutionality of a Washington State law being used as the basis to publish the names of signers of a petition to restrict gay rights.
Why can the TSA subpoena bloggers to get at their sources?
The TSA issued a directive aimed at instituting new security measures. After two bloggers published it, the TSA issued subpoenas that sought to compel them to reveal their sources. Why did the TSA think they could do this, and did they have the power to enforce their request?
Lawyers should leave their laptops at home when traveling abroad
There has always been an exception to search and seizure law at border crossings. In theory, this is nothing new — attorneys traveling with confidential paper files could also have them searched. But the ease of carrying vast numbers of confidential documents in electronic form raises the bar on this.
Court transcripts and copyright awards
Should a court reporter own the copyright on his or her work product, and be able to force everyone to pay for it into the future. “No,” says an appeals court, overruling a lower court decision to the contrary.
What's the proper basis for copyright law?
Sometimes I feel that I spend an inordinate amount of time attacking copyright, as if I wished to eliminate it. I do not. But I do feel the balance is off. But how should we find the proper balance? If the real purpose of copyright law is to “promote the progress,” then why not make sure it’s doing so? In […]
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