The Supreme Court just handed down a unanimous opinion ruling in one of the most closely watched cases of the year. All the justices agreed on the result, but diverged significantly in reasoning.
This morning, the court issued its decision in United States v. Jones. Police in Washington, D.C. placed a GPS tracking device on the car of Antoine Jones, a nightclub owner, without obtaining a warrant. The GPS device helped law enforcement link Jones to a house used to store drugs and money. He was eventually convicted and sentenced to life in prison. An appeals court later overturned his conviction.
The central issue in Jones was whether attaching a GPS device to a car (i.e., allowing law enforcement 24/7 access to a person’s movements), without obtaining a warrant first, violated the Fourth Amendment.
The case has been heralded as one of the most important privacy cases in recent memory. Wired’s Threat Level blog said Jones “is arguably the biggest Fourth Amendment case in the computer age.” Editor emerita Kashmir Hill attended oral arguments for the case back in November.
What did the justices say? The ruling might surprise you…
On Monday, my roommate came home griping that his Zappos.com account, which he had not used in a year, had been hacked. Instead of feeling sympathetic, I started wondering how I might write about it. Data breaches are a dime a dozen these days.
It seems almost every company loses control of their customers’ sensitive data at some point. Someone almost always sues after the news breaks. But the lawsuits are rarely successful, unless customers can show real harm caused by the breach.
Most often, companies do not give up full credit card or Social Security numbers. This week, Zappos said it only suffered unauthorized access to somewhat less sensitive information. It’s a bit unnerving, but not the end of the world.
Did that stop some opportunistic consumer from taking action against the online shoe retailer?
Of course not. And we didn’t have to wait very long. A Texas woman filed a class-action lawsuit against Amazon, which owns Zappos, the same day the breach was announced. Is her lawsuit premature, vague, and a bit silly? Probably. Will it go anywhere? Probably not. But c’mon, you gotta love melodramatic, eager-beaver, consumer litigation.
So what, exactly, did Zappos lose? And how many people’s data was compromised? (Hint: it’s a lot.) Let’s mosey on past the jump and find out….
When I was a kid, my father leaned across the dinner table and whispered to me, “Never ask a woman’s age or weight.” He then stole a glance at my mother, who was busy shoveling mashed potatoes into her maw, and sighed. I could never tell whether my dad was trying to offer the wisdom of the ages or making a statement about the tyranny of manners, the clichés they birth, and the way in which politeness can imprison a good man in a loveless relationship that inevitably leads to you watching your 400-pound wife shovel potatoes back like she was auditioning for The Biggest Loser.
And so it was that the Internet Movie Database, aka IMDb, found itself under attack for revealing an actress’s age and “real Asian name.” Kash detailed the charges last October. A few weeks ago, we noted that the woman would have to put up (her name) or shut up (legally speaking).
Well, I don’t want to waste any more of your precious time. The grand reveal is finally here.
After the jump, pictures of an attractive Asian woman….
“Privacy is for paedos,” announced tabloid journalist Paul McMullan, formerly of Rupert Murdoch’s now defunct British tabloid News of the World, while speaking last week at an enquiry set up in response to this summer’s phone hacking scandal. Firmly unapologetic for having harassed celebrities via an impressive range of mediums, McMullan continued: “Fundamentally, no one else needs it. Privacy is evil.” He fast became the villain of what the Financial Times has dubbed as “the best free show in London.”
As for the heroes, well, none of the celebrities who have given evidence so far — including Divine Brown blow jobee Hugh Grant, comedian Steve Coogan, author JK Rowling, and Tony Blair’s former press secretary Alastair Campbell — have shone particularly. Most of the army of lawyers in attendance, meanwhile, have been, well, lawyerly.
Notably, one junior lawyer at the enquiry, Carine Patry Hoskins, did steal the show for a few hours last month, albeit on account of her good looks rather than any show of heroism, when she became one of the world’s most popular topics on Twitter during the Hugh Grant’s testimony. Having caught the attention of Tweeters, the attractive brunette was given the hashtag #womanontheleft — which quickly shot to most read thread in the U.K., before trending prominently worldwide….
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….
Caveat: I did not write the following dialogue. It is from the “comments” section of one of my columns where I mentioned I’d be writing about HIPAA and GLBA. Unfortunately, I cannot attribute the comments to the persons who wrote them, as they are anonymous; however they are quite apropos of today’s subject:
1) “I wish vendors would get it into their heads that indemnity for being sued on a confidentiality basis doesn’t cut it for financial institutions and other customers/clients that have affirmative obligations without being sued in the event of a breach of confidentiality.”
2) “I wish financial institution customers would get it into their heads that the ‘customer information’ they’re obligated to protect is not the sort of thing they would ever disclose to the vast majority of their vendors, and stop using their ‘affirmative obligations’ as a tool to cram unnecessarily restrictive confidentiality terms down the throats of vendors.”
Perfect. Those two comments capture the schism between vendors and customers when dealing with private financial or personal confidential information….
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….
“If you win this case, there is nothing to prevent the police or government from monitoring 24 hours a day the public movement of every citizen of the United States,” said Justice Breyer.
The Supreme Court justices were decked out in their usual black robes today for U.S. vs Jones [pdf], a case involving the question of whether police need a warrant to attach a GPS tracker to someone’s car. But given their paranoia about possible technology-enabled government intrusions on privacy, it might not have been surprising if they had also been wearing tin foil hats.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
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The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.