Privacy Law

996 ABA Journal articles on Privacy Law.

FBI overestimated the number of encrypted phones while arguing for workarounds
The FBI has admitted that it overestimated—by potentially 550 percent, sources say—the number of cellphones investigators cannot access due to encryption.
Senator asks pointed questions about telecom company’s sale of cellphone location data
A private telecommunications company is selling cellphone user location data to law enforcement agencies, and a Democratic senator has some questions about its compliance with the Fourth Amendment.
Prosecutor drops privacy invasion charge against Missouri governor after jury selection begins
Missouri Gov. Eric Greitens no longer faces a felony charge of privacy invasion for allegedly taking a nude photo of his onetime mistress without her knowledge.
DC Circuit orders US to submit information about any attorney-client eavesdropping at Guantanamo

A federal appeals court has ordered the U.S. government to submit classified information about possible attorney-client eavesdropping at Guantanamo Bay.

The appeals court acted in a case filed by two…

Unauthorized rental-car driver generally has privacy rights in police search, Supreme Court rules

A driver of a rental car who isn’t listed on the rental agreement generally retains a reasonable expectation of privacy under the Fourth Amendment when police seek to search the…

Forensic search of cellphone seized at border requires some form of suspicion, 4th Circuit says

Some form of individualized suspicion is needed before the government can use forensic software to search a cellphone seized at the border, a federal appeals court said Wednesday.


Judge who sued neighbor over urinating cat got case records sealed; law prof seeks access
A judge in Washington state who sought a restraining order against his neighbor’s urinating cat was able to get court records sealed in the case.
Supreme Court to consider cy pres awards that give no money to class-action plaintiffs

The U.S. Supreme Court on Monday agreed to decide whether a class-action settlement in a suit against Google met requirements of federal law when $5.3 million of the $8.5 million…

Florida police try to use dead man’s finger to unlock his phone; was a warrant needed?

Police in Largo, Florida, investigating the death of a man shot by one of the department’s officers visited a funeral home last month in an effort to unlock his phone.

Facebook must face class action over facial recognition, judge rules
Illinois Facebook users may sue the social media giant for collecting their facial recognition information, a federal judge ruled this week.
New law makes Microsoft case on search warrants moot, Supreme Court says

New legislation allowing warrants to reach emails held on overseas servers has made moot a pending U.S. Supreme Court case involving Microsoft, the high court ruled on Tuesday.

In a…

Clients hang up in disbelief when lawyer calls to tell them of $61M verdict over unwanted calls
The West Virginia law firm of Bailey & Glasser wants its class clients to know they are eligible for an award as a result of a $61 million verdict against Dish Network for its marketing calls.
‘Right to be forgotten’ can apply to criminals: UK high court rules against Google
The “right to be forgotten” notched a win in the High Court of England and Wales, requiring Google to delist references to a businessman’s criminal history.
Trump allies reportedly fear FBI-seized taped conversations made by Trump lawyer Michael Cohen
Allies of President Donald Trump are reportedly worried that FBI agents seized taped conversations made by the president’s personal lawyer, Michael Cohen, in raids of his office, home and hotel room on Monday.

Cohen sometimes taped conversations and replayed the digital files for colleagues and Trump himself, according to anonymous sources who spoke with the Washington Post. One source told the newspaper that Cohen liked to record calls so he could use them later as leverage.
2 lawyers and their client are acquitted in Waffle House CEO sex-tape trial

Two Georgia lawyers and their client have been acquitted on charges that they violated a state eavesdropping law when the client secretly recorded a video showing her engaged in a…

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