Privacy

Ed note: This post originally appeared on InfoLawGroup.

In a recently reported study released by the the Global Privacy Enforcement Network (“GPEN”), the GPEN found that a testing sample of 1,211 mobile apps accessed during May of this year failed to provide users with adequate privacy protections under current regulatory provisions in the United States and in other countries. The GPEN is a coalition of privacy officials from 19 countries, including the United States Federal Trade Commission (“FTC”).

The GPEN report concluded that 60% of mobile apps accessed raised significant privacy concerns based on the following criteria:

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Judge Jill Pryor

* Mathew Martoma, the former Harvard law student who fabricated his transcript when applying for clerkships, gets nine years in prison for insider trading. [DealBook / New York Times]

* If Bingham McCutchen moves forward on merger talks with Morgan Lewis, a bunch of Bingham partners might bail. [American Lawyer]

* Congratulations to Judge Jill Pryor, who will join Judge Bill Pryor on the Eleventh Circuit. [Fulton County Daily Report]

* Can you be fired for medical marijuana in Colorado, where the drug is legal even for recreational purposes? [ABA Journal]

* Dewey have some good news for the embattled ex-leaders of the defunct law firm? [New York Law Journal]

* Home Depot is the latest major retailer to be hit by a data breach. [Washington Post]

A mother and daughter are giving interviews to anybody who will listen about behavior that actually should be very embarrassing to them if they had any sense of shame. Here are the facts that the family really wants you to know.

* 15-year-old Miranda Larkin was the new girl in school who didn’t know the dress code, which specified that skirts be no more than three inches above the knee.
* Mother Dianna Larkin allowed her daughter to go to school in a skirt “closer to four inches” above the knee.
* Busted for a dress code violation, Miranda Larkin was made to wear a “shame suit” of sweat pants and a large T-Shirt that read “Dress Code Violation.”
* Crying ensued.
* The Larkins are now threatening to sue the school, alleging FERPA violations, and saying ridiculous things like “[T]his is not about punishing kids. This is about humiliation.”

Dude, your daughter is in high school. The only punishment she understands is humiliation…

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When you think of George Hamilton, if at all, you think of the walking precautionary example for artificial tanning. Maybe you think of Tom Hagen’s replacement as the Corleone Family lawyer in Godfather III (if you acknowledge that the movie exists). But there was a time in the 60s when George Hamilton was the bee’s knees and hob-knobbing with the rich and powerful.

And because he was an actor, Lyndon Johnson thought Hamilton was “running around with a bunch of homosexuals,” so the White House set the U.S. Supreme Court and — ironically — J. Edgar Hoover on the case of digging into George Hamilton’s private life. It’s like a “Stars — They’re Just Like Us” feature for the current administration — see, government spied on its people just as much in the 60s as it does today. It’s just back then knowing gay people made you “a potential terrorist” instead of “Bravo’s demographic.”

Thanks to a FOIA request at the heart of an Eastern District of Pennsylvania decision, this is all finally coming to light…

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Jennifer Lawrence

In case you haven’t heard, over the weekend a whole bunch of celebrities got hacked and nude photos of them leaked onto the internet. Let me just start out by saying that hacking into a celebrity’s phone and stealing her nude photos is just a horrible thing. It’s not a funny joke. It’s not something hackers should be high fiving over. Celebrities have the right to live private lives like everyone else and they have the right to take and keep private photos. On top of the embarrassment of having their private photos available to their parents and all of their fans and every pervert with an internet connection, it could seriously damage their careers. This should be another big warning slap in the face to everyone who stores private or confidential things on the internet, especially lawyers.

What lessons can lawyers learn from this unfortunate episode?

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* Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader]

* Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press]

* What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC]

* Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?]

* Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog]

* A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work]

* There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]

Casey Anthony

* Squire Patton Boggs has announced the new leadership structure of its lobbying and public policy practice. It’s really no surprise that the head honchos of the group hail from the Patton Boggs side of the recent merger. [Politico]

* “It’s funny how the Supreme Court reaches down and picks this case.” The most important digital privacy case of our time just happened to be filed by Stanford Law’s SCOTUS Litigation Clinic. Awesome. [San Jose Mercury News]

* If you’re caught on camera sleeping during a Yankees/Red Sox game, you can probably expect abuse from ESPN announcers. If you call someone an “unintelligent fatty” as an announcer, you can probably expect a $10M defamation suit. [New York Post]

* “I’m proud to do my job.” Madonna finally rescheduled her jury duty session in New York City, but she was dismissed early so as not to create a “further distraction for the courthouse.” [New York Daily News]

* It’s been three years since Casey Anthony was acquitted of her daughter’s murder. Let us remember this most amazing voicemail: “CASEY ANTHONY NEEDS TO ROT IN HELL! SHE NEEDS TO DIE!” [CNN]

It would be hard to overstate the importance of Riley v. California. Now data on cell phones (and, hopefully soon, other electronic media) requires a search warrant for law enforcement to get access to it during an arrest (generally — check your individual situation; exceptions may apply).

It’s so hard to overstate the importance of Riley that I don’t think a single media outlet has done it yet (which is really saying something in light of the current state of Supreme Court coverage).

As you may dimly remember from the criminal procedure class you took in law school, the “search incident to arrest” doctrine is a little screwy and subject to abuse. The general rule is that police can search things on your person or in the area of your arrest to make sure you don’t destroy evidence or hurt them, but nothing else. Later cases have held that the area you can reach while you’re being arrested (where you could destroy evidence or find something to hurt the police) includes the entire interior area of your car, regardless of how far you can reach or how wedged under the seat cushions that currency counterfeiting machine is.

This body of law is a lovely example of how pro-law enforcement results drive any reasonable understanding of how a test should be applied. Reading these cases in law school is a formatively disheartening experience (“really, that’s the kind of junk judges come up with? Why have laws at all?” etc.).

Riley, though, draws a line around your phone. Sure — the police can look into your pocket to see if that square box is a cell phone or a detonating device, and they can look in the back of your van to see if you could have reached a butterfly knife if you had a 20-foot arm span — but they can’t look inside the phone without first getting a warrant.

Of course, the Court could have decided this in a few ways. It could have written a very narrow doctrinal opinion. Or it could have issued a deeply divided set of opinions where there isn’t a clear statement about the development of the law as much as a resolution of one case. But, instead, the Court issued a 9-0 decision, authored by the Chief Justice, which was a celebration of the importance of electronic privacy and recognizes that we’re in a new world — and need new rules to handle it….

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Warrant or GTFO.

Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant.

– Chief Justice John Roberts, writing for the Court in Riley v. California, holding that the police generally need warrants to search the cellphones of people they arrest.

(Additional highlights from Chief Justice Roberts’s opinion, after the jump.)

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Jesselyn Radack

I joke that I use drug dealer tactics. It’s a terrible way to work as an attorney, but you have to.

Jesselyn Radack, the national security and human rights director for the Government Accountability Project, commenting on the lengths to which she must go to protect her most famous client’s secrecy.

Radack represents Edward Snowden, and in her dealings with him she has abandoned WiFi — it’s too insecure — and used burner phones and two laptops (one of which is encrypted). She accepts only cash payments and will discuss his case only in person.

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