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Employer request for Facebook passwords yields legislation, investigation (access required)

Published: March 29, 2012

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After recent reports that employers were requesting Facebook passwords from job applicants, state and federal legislators quickly responded with possible legislation and a request for a federal investigation into the legalities of the practice.

Police don’t need warrant for cell site location data (access required)

Published: March 13, 2012

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Federal investigators didn’t need a warrant in order to obtain the historical cell site location data for cell phones recovered from two robbery suspects, a U.S. District Court in Maryland has ruled in denying a motion to suppress.

Phone customers can sue U.S. gov’t over eavesdropping (access required)

Published: January 3, 2012

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Residential telephone and Internet service customers have standing to sue the federal government over the program of warrantless eavesdropping implemented in the wake of the 9/11 terror attacks, the 9th Circuit has ruled in reversing a dismissal.

Keylogger software may implicate employee privacy (access required)

Published: October 3, 2011

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An employer’s use of keylogger software to track computer use by employees may have resulted in liability under federal privacy law, a U.S. District Court in Indiana has ruled in denying a motion to dismiss.

Government can’t get cell phone tracking information (access required)

Published: August 29, 2011

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Federal agents needed probable cause in order to obtain records from a cell phone service provider concerning the movements of a customer who was the target of a criminal investigation, a U.S. District Court in New York has ruled.

Sixth Circuit decision to bring an end to e-mail seizures (access required)

By: David Frank
Published: April 5, 2011

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Two lawyers who have won a landmark 6th Circuit case say the ruling should spell the end of a long-standing practice across the country of federal prosecutors seizing e-mails without warrants.

Subscriber had expectation of privacy in e-mail (access required)

By: Pat Murphy
Published: December 15, 2010

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Government agents violated a wire fraud defendant’s Fourth Amendment rights by compelling his Internet service provider to turn over his e-mails without first obtaining a warrant, the 6th Circuit has ruled.

Probable cause may be needed for cell phone data (access required)

By: Pat Murphy
Published: September 9, 2010

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Federal prosecutors may need to show probable cause in order to compel the disclosure of a cell phone customer’s cell site location information, the 3rd Circuit has ruled.

Facebook, MySpace messages not discoverable (access required)

By: Pat Murphy
Published: June 3, 2010

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Defendants in a breach of contract action could not obtain private messages regarding the alleged agreement that appeared on Facebook, MySpace and another social networking website, a U.S. District Court in California has ruled in overturning a magistrate’s decision.

Plaintiff must prove actual damages from e-mail breach (access required)

By: Pat Murphy
Published: March 23, 2009

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A plaintiff who alleged that her former employer illegally accessed her personal e-mail must show actual harm in order to recover statutory damages under federal privacy law, the 4th Circuit has ruled in vacating a $175,000 jury award.

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