Caveat Vendor

Social Media Site Posts Safe from Criminal Defendants’ Pre-Trial Subpoenas, Says a California Appellate Court

by Mary-Elizabeth M. Hadley on Sep 16, 2015
In a decision last week, a California appeals court directed the trial court to quash Defendants’ subpoenas for public and private content from the Facebook, Instagram and Twitter accounts of the murder victim and a witness, rejecting the argument that the Stored Communication Act (“SCA”) violated Defendants’ constitutional rights.

Third Circuit Upholds FTC’s Authority to Regulate Cybersecurity “Unfairness”

by Mary-Elizabeth M. Hadley on Sep 02, 2015
In a much-anticipated decision last week, the U.S. Court of Appeals for the Third Circuit affirmed the authority of the Federal Trade Commission (“FTC” or the “Commission”) to regulate cybersecurity under the unfairness prong of Section 5 of the FTC Act.

Three Lessons Learned from a Data Breach Investigation

by Behnam Dayanim and Mary-Elizabeth M. Hadley on Sep 01, 2015
As the number of data breaches continues to increase, so does the vigilance of regulatory authorities in investigating such incidents.

Wave of FTC Safe Harbor Enforcement Continues with 13 Proposed Settlements

by Mary-Elizabeth M. Hadley on Aug 19, 2015
The Federal Trade Commission (“FTC”) continued its recent, high-profile efforts to demonstrate vigilance in its enforcement of the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks with the announcement earlier this week that it had reached proposed settlements with 13 companies.

A Circuit Split Emerges: At Least for Now, the Protection Afforded to Cell Location Information Depends on Where You Are

by Mary-Elizabeth M. Hadley on Aug 10, 2015
Can the government compel disclosure of historical cell-site location information (“CSLI”) without a warrant? According to the Fourth Circuit, cell phone subscribers possess a reasonable expectation of privacy in such information, and a warrant is required. In contrast, the Eleventh and Fifth Circuits have held that a lower-threshold court order is all that is needed.

FCC and the IoT: What to Watch for This Week

by Adam Reich on Aug 03, 2015
Companies manufacturing “smart” products in the virtually unregulated Internet of Things (“IoT”) space may soon find themselves inviting regulation from the Federal Communications Commission (“FCC”).

Internet of Things: Emerging Legal Landmines

by Adam M. Reich on Jul 31, 2015
Yesterday afternoon, the American Bar Association’s Section of Science & Technology Law (the “SciTech Section”) held a brief meeting to discuss the potential legal issues that may emerge with respect to the Internet of Things (“IoT”). This blog post discusses salient takeaways from the meeting.

Seventh Circuit Expands Standing for Consumers Bringing Suits for Data Breaches

by Kelly Winslow on Jul 27, 2015
This week, the Seventh Circuit held that plaintiffs bringing claims for stolen credit card information have standing to sue to recover fraudulent charges, as well as fraud prevention expenses, resulting from a data breach.

Internet of Things: Continued Regulatory Focus and Consistent Themes, But Not Without Discord

by Mary-Elizabeth M. Hadley on Jun 24, 2015
A program yesterday at Georgetown Law offered a number of governmental and private perspectives on current and future legal trends related to the Internet of Things (“IoT”), i.e., the ability of everyday objects to connect to the Internet and to send and receive data.

California Court of Appeals Fine Tunes the Reach of the Song-Beverly Act

by Thomas Counts and Elizabeth Dorsi on Jun 09, 2015
Last month, the California Court of Appeals issued long-awaited guidance for retailers concerned that the collection of personal information from their in-store customers subjects them to liability under the Song-Beverly Act.

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