Cellphones

This Cell Phone Software Company Might Know Everything About You

By Christopher Danzig

Last week, the tech world caught fire with the newest in an increasingly long list of electronic privacy scandals. Carrier IQ, a small Silicon Valley software company with its product installed on millions of cell phones, made headlines when a young programmer posted a video allegedly showing the software’s ability to log keystrokes and collect other, very personal information from phones.

By the end of last week, the controversy had already sparked an angry letter from democratic Senator Al Franken, two class-action lawsuits, and a flurry of denials and explanations from the software company as well as major mobile phone carriers. We briefly mentioned the story in Friday’s Non-Sequiturs, but it deserves a deeper look.

Is Carrier IQ as bad as it sounds? Good question….

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Why I Refuse to Turn Off My iPod for Takeoff and Landing

By Christopher Danzig

As I waited for my plane to take off Sunday morning, coming back from Thanksgiving vacation, I was listening to music on my iPod. We had been waiting on the runway for 25 minutes and I was bored, tired, and roasting hot. I needed to distract myself. But then, before I knew it, it was apparently time to take off. Without warning, the stewardess came from the back of the plane, tapped me on the shoulder, and said, “SIR, you have to turn it off now. SIR. SIR.”

Like I do every time I fly, I took off my headphones until the flight attendant walked away. Then I put them back on. I also never turned off my cell phone or put it in airplane mode.

You probably know this is not allowed. Airplane passengers are supposed to turn off all electronic devices for takeoff and landing.

But WHY? Is aviation safety so delicate that a few Kindles or iPads endanger hundreds of lives? I don’t think so. A New York Times article from Monday takes a look at this mysterious, anachronistic facet of America’s law of the skies….

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Judges Are Getting Concerned About ‘Undeniably Creative’ Warrantless Cell Phone Tracking

By Christopher Danzig

There has been justifiably a lot of talk over the last few days about U.S. v. Jones, and the privacy issues it raises. Our editor emeritus Kashmir Hill was fortunate enough to hear oral arguments at the Supreme Court in person, alongside top legal reporters such as Jeffrey Toobin and Adam Liptak.

But when it comes to electronically tracking people, Jones is just the tip of the iceberg. Law enforcement also often follow American citizens through their cell phones. The practice has become so widespread that some magistrate judges are reconsidering their willingness to authorize it….

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First Circuit Has No Sympathy For Cops Who Say, ‘Don’t Tape Me, Bro!’

By Christopher Danzig

Long before I became a law blogger, I spent a good chunk of time working as a photojournalist. Periodically, I wound up photographing the police. Whether it was at an arrest at a football game, or an officer who suffered an unusual injury, officers rarely hassled me because I usually had a press pass and a big, professional-looking camera.

But anyone can film in public spaces. One of the most important — and overlooked — technological developments of the last five-odd years is the ease with which anyone can record police doing their jobs and throw the video on YouTube. The technology can be a great deterrent against police misconduct.

So it’s really, seriously disturbing when police try to intimidate witnesses into turning off their cellphone cameras. It’s even more nauseating when someone gets arrested for simply filming police activity. Luckily, a recent decision from First Circuit unambiguously told police to cut it out.

Keep reading for details about the man who was arrested for taping police in America’s oldest public park, as well as Judge Kermit Lipez’s benchslap of the officers who made the arrest….

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Non-Sequiturs: 08.10.11

By David Lat

Gay or European? Or just puppets?

* Should the police be able to use mobile-phone location data in order to locate a charged defendant? Kash reports on a recent decision. [Not-So Private Parts / Forbes]

* More importantly, should Bert and Ernie of Sesame Street get “gay married”? [Althouse]

* The ABA takes a lot of blame for the inadequacy of graduate employment reporting by law schools, but at least they’re taking “a step in the right direction,” according to Professor Gary Rosin. [The Faculty Lounge]

* Professor Ilya Somin: “The Decline of Men or Just the Rise of Women?” [Volokh Conspiracy]

Raj Rajaratnam

* Leave it to a whiny law student to complain about getting a package delivered before its estimated arrival time. [White Whine]

* “The Revenge of the Rating Agencies”: no, it’s not a horror film, but an interesting NYT op-ed by Professor Jeffrey Manns. [New York Times]

* Lawyers for Raj Rajaratnam argue that their client deserves a lower prison sentence due to a “unique constellation of ailments ravaging his body.” There’s a whole lot to ravage. [Dealbreaker]

* If you’d like to lose your appetite, read this Texas lawyer’s profane blog chronicling his effort to eat cheaply for a month (under $12.50 for every meal). [30 Days @ $12.50]

* No need to email us that Kentucky judge’s (very funny) “tick on a fat dog,” “one legged cat in a sand box” order, regarding a case that settled, obviating the need for a trial — we covered it last month. Thanks. [Above the Law]

Bar Exam Open Thread: Have At It

By David Lat

Here’s an open thread for discussing the July 2011 bar exam. We hope you attack it with all the gusto of Los Angeles lawyers at a deposition.

If you’ve just finished the bar exam, congratulations. We hope you’re taking a well-deserved vacation, perhaps involving some exotic travel (e.g., the traditional bar trip).

If you’re still in the middle of the big test, good luck. At least you’re done with the MBE, which some believe to be the hardest part of the bar.

Some of you may need all the luck you can get. This morning we told you about bar exam mishaps from this week. Unfortunately, since then we’ve heard about even more bar-related problems.

Let’s hear about the latest difficulties from around the country — and give you a place to talk about the test….

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Are Tech Companies Becoming Unofficial Intelligence Agents?

By Kashmir Hill

The satirical Onion News Network recently reported on new government funding for that “massive online surveillance program run by the CIA,” known as Facebook — dreamed up by “secret C.I.A. agent Mark Zuckerberg.” The report made light of how much information we’re willing to make available to a third party — information that we would never consider freely handing over to the feds. While funny, the report speaks to serious concerns about privacy. Civil liberties advocates like Christopher Soghoian and Nicholas Merrill worry about the ease with which the government can get access to the digital information we store with third-parties like Facebook, Yahoo!, and Google, as well as to the rich databases that our mobile phone providers have.

Should we call it the Tech.B.I. or the Dot.Com.I.A.?

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Morning Docket: 03.25.11

By Juggalo Law

* In the Barry Bonds trial, an expert on steroids described how the government injected a bunch of baboons with the drug Bonds is accused of using. I, for one, welcome our new baboon overlords. [ESPN]

* Some Amish in Kentucky are fighting a regulation that requires reflective safety triangles on their buggies. Say they’d rather get Munsoned out in the middle of nowhere than use those things. [Louisville Courier-Journal]

* Fresh off his Bushwick Bill impersonation, Allen Stanford has withdrawn his lawsuit against the federal government. [WSJ Law Blog]

* A lawyer in Illinois faces possible jail time for letting her detained client use her cell phone. At least she’ll get bars now. HIYOOOO! [ABA Journal]

* The FBI has instructed agents to to hold off on Miranda warnings when interrogating “operational terrorists” about immediate threats. These threats include suitcase bombs, sex bombs, nude bombs, and La Bamba. The Los Lobos version. [New York Times]

* Law firms are whetting wetting their collective beak on drug deals. But drugs is a dirty business. It makes, it doesn’t make any difference to me what a man does for a living, understand. But your business is, uh, a little dangerous. [Am Law Daily]

Acela Bob, Meet Acela Jim: Kelley Drye Managing Partner Conducts Confidential Conversation on Packed Train

By David Lat

It's a train car, not a conference room.

Here at Above the Law, we’re trying to help you. We write about lawyers who do embarrassing things so that you can learn from their examples. Heck, you should get ethics CLE credit for reading this site.

One of our most widely-used lessons — now part of new employee training at a Wall Street firm, in fact — is the cautionary tale of Acela Bob. Pillsbury Winthrop partner Robert Robbins conducted what should have been a confidential conversation about impending layoffs at his firm — in a loud voice, using his cellphone bluetooth, on a crowded Acela train. An ATL reader heard the whole thing and tipped us off; we wrote it up. Shortly thereafter, Pillsbury — which had not yet admitted to any layoffs — confessed that cuts were coming (and “apologize[d] for the unfortunate manner in which our deliberations about reductions have become public”).

Here’s one lawyer who apparently never heard about Acela Bob, or perhaps forgot the story: James J. Kirk (no relation to Captain James T. Kirk).

This James Kirk is the managing partner of Kelley Drye & Warren — and a man who has no trouble making himself heard….

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On Why It’s Better To Be A Drug Dealer in Ohio Than in California

By Kashmir Hill
PASADENA, CA - MAY 04: A Blackberry Curve 831...

Should police need a warrant to search this?

As a place to live, California has a lot going for it: the Pacific Ocean, pleasant weather, celeb spottings. But if you’re concerned about the police perusing the contents of your smartphone without a warrant, you might prefer to spend your time further east, in the Buckeye State.

The Supreme Courts of California and Ohio have come down on opposite sides of the question of whether police need a warrant to search an arrested person’s cellphone. California may be perceived as the tech-savvy state, thanks to playing host to Silicon Valley, but when it comes to how the law applies to technology, its analysis is rather simplistic. In an opinion issued Monday, California’s court said “no warrant needed,” equating a cell phone with a pack of cigarettes. Hmmmm. Cell phones are addictive, I suppose…

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Pls Hndle Thx: No Service in the Club

By Marin

Ed. note: Have a question for next week? Send it in to advice@abovethelaw.com.

ATL,

Can you please offer your insight into proper etiquette for ring tones in the workplace?  I understand someone may have an affinity for The Jitterbug in their personal life, but when did it become acceptable to leave your cell phone on full volume while in the office knowing that it will go off at least three times each day? I work next to a law clerk whose phone sounds like it’s Mario eating a magic mushroom whenever he receives a message. I’ve asked him to put his phone on vibrate or silent when he comes to work, but it hasn’t sunk in — do I need to pull a Bluto from Animal House and smash his phone to stop the madness?

Gallagher

Dear Gallagher, this question is disturbing on many levels….

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OMG. So sorry, but u r fired. :-(

By Kashmir Hill

This is a blind item, since we don’t know the identity of the attorney. Yesterday, this unknown attorney sent an employee a text message. It wasn’t to wish the employee a happy Labor Day. From Reddit:
attorney firing by text message.jpg
“Sexting” was the latest hot cell phone trend. Maybe the new trend will be “diSMSing.”
Dear Reddit. It is 10:40 PM, on a Holiday, and I was just fired via text. [Reddit]

Lawsuit of the Day: Involuntary Poster Child for ‘Sexting’ Sues Hearst

By David Lat

How would you like to be the unofficial mascot for that dubious practice known as “sexting”? From ATL associate editor Kashmir Hill, writing over at True/Slant:

Joanna Argus.jpgEarlier this year, the media went crazy over “sexting.” It has all the elements of a great, salacious, audience-attracting story: flirtation, cell phones, nude photos, and oftentimes, teens….

One of the stations which ran a series of these stories is WLWT in Cincinnati, Ohio. The station repeatedly used a photo of a cell phone with a text to Joanna Argus saying “Hey baby, I got what you want.”

Joanna Argus, an Ohio woman in her late twenties who works as a fundraising consultant, found out about this for the first time when one of her clients called to ask about it. She was shocked, confused, and worried about who else would see it. She complained to the station, and the station’s manager promised it would not happen again. But it did happen again: at least six times over nine months, and was also used as the image for a presentation to a group of high schoolers on the dangers of sexting.

Oy. Argus is now suing the Hearst Corporation, the media conglomerate which owns the television station, for invasion of privacy, defamation, emotional distress, and negligence. (Recent bar exam candidates: feel free to break it down, in the comments.)
We’ll do our part to undo the reputational damage. If you happen to come across her name or photo, or if you meet her in person, please know that poor Joanna Argus has nothing to do with “sexting.”
A reputation nightmare: Becoming the ‘sexting’ mascot [True/Slant]

A Funny Thing Happened on the Way to New York
Pillsbury Admits Gaffe — and Looming Lawyer Layoffs

By David Lat

Acela Business Class Amtrak.jpgTime for a brief follow-up to our earlier post about Biglaw partner Robert Robbins, head of the corporate practice of Pillsbury Winthrop, and how he spoke — a little too loudly, on a crowded Acela train — about the firm’s planned layoffs. You may have already seen it in the comments, but in case it got lost in the shuffle, the firm has confirmed the gaffe (and the layoffs).

After getting its act together — the Pillsbury website was down for a while today, which some commenters attributed to web traffic resulting from the mini-scandal — the firm issued a statement to The Recorder (via Legal Pad):

It is an unfortunate fact in today’s economy that no business or law firm can rule out adjustments to their overall workforce levels. This includes Pillsbury, and, among other cost cutting measures, we will be implementing reductions to ensure that our resources are aligned with our business needs. We apologize for the unfortunate manner in which our deliberations about reductions have become public.

Robert Robbins Bob Robbins Pillsbury Winthrop.jpgWe reiterate our earlier advice: Pillsbury associates, start your engines laser printers, and crank out those résumés. It’s time to move on. Bob Robbins is coming for you.

We’ve collected selected links to coverage by other outlets — heck, it even made Gawker — of the “unfortunate” incident. Enjoy.

Update: And Instapundit, too.

Pillsbury Confirms Loudmouth’s Layoff Gaffe [Legal Pad / The Recorder]
Pillsbury Accidentally Announces Layoffs on Train [Am Law Daily]
Pillsbury Layoffs Leaked By Partner on Train [The BLT: The Blog of Legal Times]
Doughy Pillsbury Lawyer Demonstrates Why You Should Shut Up on Your Cell Phone [Gawker]
Message to Law Partners [Instapundit]

Earlier: A Funny Thing Happened on the Way to New York (Or: Pillsbury associates, brace yourselves.)

A Funny Thing Happened on the Way to New York
(Or: Pillsbury associates, brace yourselves.)

By David Lat

Acela Business Class Amtrak.jpgLaw firm partners need to watch more Gossip Girl. If they did, they’d learn the perils of talking about private matters in public places. In the age of BlackBerrys, texting, and cameraphones, it’s ridiculously easy for tipsters to leak details of overheard conversations and not-so-secret rendezvous to their favorite online gossip girl (or boy — XOXO, Lat).

Last year, we wrote about a Thelen partner who was overheard discussing her firm’s layoffs on the subway. Last night, we received this information, from a law student traveling from D.C. to New York:

This afternoon I boarded a train from Washington bound for Penn Station…. I, along with all of the other passengers, were sitting quietly when the man directly behind me decided to make a phone call using his bluetooth. He was talking so loudly that I think most people in the car were able to hear him.

His conversation, though he stressed how necessary it was to be kept secret (ah, the irony), detailed the current plans of Pillsbury to lay off somewhere in the range of 15-20 attorneys from four offices by the end of March, including a few senior associates with low billable hours and two or three first-year associates. I wouldn’t have believed it except for the fact that he identified himself to the call as Bob Robbins, who I learned is the leader of the firm’s Corporate & Securities practice section, and was talking to Rick Donaldson, who I learned was COO. What’s more, he was NAMING NAMES over the phone!

After we expressed skepticism over this wild story, including the tipster’s ability to catch the names of both Robbins and Donaldson, we received this response:

Robert Robbins Bob Robbins Pillsbury Winthrop.jpgI agree it’s pretty wild. I wasn’t trying to overhear, but I had no choice because of the proximity. The name “Robbins” I remembered because he said it so damn loud. I went to their website, and the picture [at right] was an exact match. He was big enough to fit almost two chairs.

“Donaldson” I didn’t remember as clearly. I remembered that it began with a “Do” and thought it was “Dotson,” but there was no “Dotson” on the site — just “Donaldson.” Also, he called him “Rick” a few times.

Says our source, in explaining the decision to tip off ATL:

Before today, I have never even considered posting on this website, but I was so mortified by my experience…. I’ve heard of attorneys being reprimanded for discussing client matters in an elevator. Where does airing your own firm’s dirty laundry on an express train fit on the list? I don’t know if there is a way that you can independently verify this, but if so, please do.

Partial verification, after the jump.

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(Or: Pillsbury associates, brace yourselves.)”

Morning Docket 10.17.08

By Kashmir Hill

1081067_dumbbell.jpg* Fired U.S. Attorney David Iglesias speaks out against the DOJ’s ACORN probe. [Talking Points Memo]

* Judges in China refuse to take lawsuits over tainted milk. [Associated Press]

* They may cause rashes. And brain cancer. But we still love them. [Reuters]

* Grand jury investigations for Lehman, in New York and New Jersey. [CNN Money]

* Pfizer settles its painkiller suits for $894 million. [Wall Street Journal (subscription)]

* 24 Hour Fitness hates poor people. [Courthouse News Service]

* David Lat was in Charlottesville this week talking to UVA law students about job hunting. He advised going off the beaten track. [Virginia Law]

‘How To Handle This?’
(By not sending out over the law school list-serv?)

By Kashmir Hill

mich law catfight copy.jpgWhen you’ve been wronged, there’s a part of you that wants the whole world to know. Maybe you think exposing the evildoer’s misdeeds will bring solace, revenge, sympathy… But more often than not, it brings scorn. People just don’t like tattletales.
Several tipsters sent along such an exchange from the University of Michigan’s law school list-serv. Here’s the catfight one law student sent out to the list-serv with the subject line, “not sure how to handle this:”

On Thu, Jul 24, 2008 at 11:22 PM, TATTLETALE wrote:
EVILDOER,
Listen, I tried to be nice and understanding about all this but now it’s just ridiculous! I did you a favor and now I’ve been stuck hounding you for my phone for months and months as if you’re doing ME the favor! I bought that phone for $120, so either send me a check for that amount or return the phone ASAP…
I’m not going to lecture you about how this is no way to treat a law school class mate and definately [sic] no way to start making your reputation in the legal community — hopefully you realize all that. Just return the phone or the money so I can finally forget about this after half a year!
-TATTLETALE
————————————————————————————
Date: Fri, 25 Jul 2008 08:01:52 +0200
From: EVILDOER
Subject: Re: phone
To: TATTLETALE
You f***ing nasty b****,
My sister is gonna give you a f***ing check that you can f***ing hold onto until I come back from rome.
EVILDOER
On Fri, Jul 25, 2008 at 7:54 AM, EVILDOER wrote:
I AM INF ***ING ROME YOU STUPID W****. I SAID I WILL MAIL IT TO YOU ONCE I
GET BACK. NO REASON TO BE A F***ING B****.

Is bar exam stress driving Michigan students over the edge?
Full exchange (warning: unredacted profanity), plus a bevy of responses, after the jump.
(We’ve redacted identities — and appreciate your protecting anonymity in the comments. Thanks.)

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(By not sending out over the law school list-serv?)“

Judge of the Day: Robert Restaino

By David Lat

This episode gives new meaning to the term “flip phone.” A cell phone that went off during court proceedings caused one judge to, well, flip out. From the NYT’s City Room blog:

Robert Restaino Judge Robert M Restaino Rob Restaino AboveTheLaw blog.jpgThe next time you pass through the city court system in Niagara Falls, N.Y., remember to turn your cellphone off.

Today, the Commission on Judicial Conduct recommended the removal of a judge in Niagara Falls City Court who had, what the commission’s chairman, Raoul L. Felder, called, “two hours of inexplicable madness” when a cellphone rang in his courtroom.

Specifically, on the morning of March 11, 2005, the judge, Robert M. Restaino, was presiding over a slate of domestic violence cases when he heard a phone ring in his courtroom. He told the roughly 70 people in the courtroom, according to the commission’s report, that “every single person is going to jail in this courtroom” unless the phone was turned over.

Look, we hate cellphones ringing at inappropriate times as much as the next guy. But was Judge Restaino’s reaction a tad over the top? We suggest — with respect, Your Honor — that you’re a few beeps short of a ringtone.
Read what happened next, after the jump.

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Non-Sequiturs: 08.03.07

By David Lat

* Bored at work? Look up the campaign contributions of that partner you work for. [Fundrace 2008 / Huffington Post]
* We generally find personalized cell phone ringtones to be pretty annoying. But if you’re going to have one, it might as well be legal-themed, right? [The Billable Hour]
* Law bloggers, stand up and be counted. Here’s the updated law blogger census. [Concurring Opinions]
* Speaking of law blogging, here’s the latest installment of Blawg Review. [Blawg Review]

Non-Sequiturs: 02.09.07

By Stella Q

coffee Above the Law cafe coffee paper cups Starbucks Above the Law.jpg* For you Starbucks haters out there, a glimmer of hope for the days of cheap, dishwater-tasting, non-fair-trade coffee, served by exploited employees. Or Central Perk. [Mercury News]
* In case you were worried about the gel-happy San Francisco mayor, Gavin Newsom still gets paid while in rehab. [Law.com]
* When you’re a pre-boyfriend and pre-mascara 8-year-old, too much time on the phone leads to more than just bad grades and parental despair. [Times Union]
* Not only do pedophiles not necessarily look like John Mark Karr, but they also need not look like the white-sock wearing, pillar-of-the-community suburban dad. If there’s one TV show with true diversity, it’s To Catch a Predator. [Los Angeles Times]