Privacy

Who is this fellow, and how long will he starve for?

Social media has opened many new doors in terms of people’s ability to be fired from their jobs, especially in extremely conservative businesses like law. In order to maintain your appearance as a professional, you’re expected to be on the clock all day, every day. Kiss your keg stand pictures goodbye and turn your Facebook privacy settings all the way up, lest you face undesired consequences.

Not to worry, Americans, because one lawyer has got your back. Likely unemployed due to his own social media antics, this fellow is going to forgo life-sustaining food and water in an effort to bring greater attention to how we as a society can mitigate the risks of social media — by demanding that employers stop “searching the social media accounts of their employees and firing [them] because of unpopular opinions or lifestyle choices.”

Who is the man who intends to starve himself on the steps of America’s highest court for this cause?

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Ed. note: This post was written by Parker Higgins and posted at ParkerHiggins.net and republished on Techdirt

I spent a lot of the last week shaking my head at the commentary on the Supreme Court and its (lack of) technical expertise. Much of the criticism came in response to the oral arguments inAereo, and broke down in two areas: it either misunderstood the nature of Supreme Court oral arguments and their transcripts, or mistook familiarity with a handful of Silicon Valley products with actual tech savviness.

But in a series of cases this week about law enforcement searches of cell phones, we caught a glimpse of the Supreme Court’s real technology problem. Here’s what it comes down to: it’s not essential that the Court knows specifics about how technology itself works—and as Timothy Lee argues, that might even tempt them to make technology-based decisions that don’t generalize well. However, it is essential that the Court understands how people use technology, especially in areas where they’re trying to elaborate a standard of what expectations are “reasonable.”

double red triangle arrows Continue reading “The Supreme Court’s Real Technology Problem: It Thinks Carrying 2 Phones Means You’re A Drug Dealer”

In the wake of the Heartbleed incident, everyone is understandably concerned about their online privacy.

If you’ve applied to law school with the assistance of the good folks at LSAC, you probably appreciated the opportunity to have your law school application process entirely automated. But you also placed your personal information at risk, up to and including your Social Security number, due to some serious (but easily remedied) security flaws.

Thankfully, they know about the problem and are working on it.

Maybe. Eventually. It’s not really clear.

Which, considering the gravity of the risk, is just as discomforting an answer as blowing it off completely….

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If I spend time reminiscing about the wayback times — all the way back to when I was a summer associate — I am reminded that one of the benefits of litigation (at least as described to me by an older associate nearly a decade ago) was supposed to be that it was recession proof. Meaning that just when the deals that characterize good economic times were slowing down that was when the real litigation would begin. So you’d be busy with new cases created by deals gone bad while your friends that joined corporate departments would find themselves without work to do at the same time a firm might be looking to make some cuts.

Now that didn’t prove quite true — when it’s time for Biglaw to do layoffs, litigation personnel find themselves as much at risk as every other department. But it is accurate that we do see an uptick in litigation after bad economic events. After all, it was only about two years ago when nearly every document reviewer or contract attorney found themselves on cases dealing with residential mortgage backed securities (RMBS). Yes, those same deals that nearly crippled the economy spawned massive litigation that kept food on my table. It didn’t matter what firm, agency or even city you worked for/in all the big document review projects seemed to be about RMBS. Now that that boom is nearly over we are left to wonder — what questionable business practice will lead to tomorrow’s doc review boom?

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Christina Gagnier

Joan Jett’s line from her famous song is apropos this week: “I don’t give a damn ‘bout my bad reputation.” Now, this attitude towards your reputation may have been all well and good pre the 24/7 media and social media cycle. Yet, in today’s world, what you do and post on the Internet is part of a permanent digital dossier. I caution any lawyer using social media to take pause and think before you post…

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* In consideration of Africa’s “growing economic prowess,” Biglaw firms like Dentons and Baker & McKenzie are opening up shop. Don’t make DLA’s mistake: Africa isn’t a country. [Am Law Daily]

* Stopped like traffic: Two of Gov. Chris Christie’s former aides properly asserted their Fifth Amendment rights and won’t have to give up docs relating to the Bridgegate scandal. [Bloomberg]

* Armed with a privacy curriculum developed at Fordham, several law schools are trying to teach middle-schoolers how to manage their online reputations. Selfies and the Law should be fun. [Associated Press]

* Alex Hribal, the suspect in the Pennsylvania stabbing, was charged as an adult on four counts of attempted homicide and 21 counts of aggravated assault. Our thoughts remain with those injured. [CNN]

* A Texas woman was convicted of murdering her boyfriend by bludgeoning him in the head with the 5-inch stiletto heel of a pair of blue suede pumps. The true crime is that they weren’t peep-toes. [ABC News]

Could this be the bar exam bandit?

Bar exam applications suck (believe me, I know — I’ve had to fill out quite a few of them). Bar applicants need to supply every single piece of personal information imaginable, from their birthday and Social Security number to their 10-year work history. If anyone with criminal intent ever got their hands on that information, we can’t even begin to describe how screwed those poor bar applicants would be.

As it turns out, some bar applicants are getting a taste of what it feels like to be violated by a state bar outside of a timed test-taking situation.

Which state bar just exposed an untold number of exam applicants to identity theft due to a break-in?

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With all of the recent advances in technology, even doing the simplest of things can be quite difficult for law school personnel. How hard is it to send an email to prospective students without cursing in the subject line? Very. How hard is it to send an email without attaching the admissions data for a law school’s entire admitted class? Extremely.

We’ve got yet another email screw-up for you, and we think you’re going to like it. When the good folks at Loyola Law School in Los Angeles aren’t busy telling women not to dress like whores, they’re emailing students with very private personal information about everyone in the graduating class.

Sorry Loyola, but we don’t think “law school transparency” means what you think it means….

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CIA Logo* The CIA official at the heart of accusations of intimidation made by Senator Feinstein is a lawyer. This marks the first time this guy has been called intimidating. [Al Jazeera]

* Check out these awesome graphs showing the change in the USNWR rankings of the top 50 law schools over the last six years. [LawyerWrit]

* Justin Bieber’s lawyer says his behavior in his video deposition is our fault. Of course it is. [New Day / CNN]

* “Dear Texas courthouse… We’ve been tapping your phones. Love, FBI” [San Antonio Express-News]

* Google’s getting sued for pushing addictive games with in-app purchases. [IT-Lex]

* The prosecution of Zachary Warren, who was 24 and only a few months into his job, for Dewey’s fall seems to be taking it a bit too far. [Belly of the Beast]

* A pair of lawyers are accused of tax credit fraud for going a bit too Hollywood. [The Times-Picayune]

* Lee Pacchia talks with Kent Zimmermann about the warning sent to struggling firms by the Dewey charges. Embedded after the jump… [Mimesis Law]

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Just recently, we wrote about how the Department of Homeland Security’s (DHS) Customs and Border Patrol (CBP) has been increasingly detaining and harassing people at the border (or near the border) under highly questionable circumstances — and then refusing to comment on any of it. Instead, CBP has relied on a cloak of secrecy to live outside the law, acting out what we’ve come to expect from authoritarian police states. Recently, the ACLU filed a lawsuit on behalf of a woman, Christine Von Der Haar, who is a senior lecturer at Indiana University, after CBP detained her at the airport….

double red triangle arrows Continue reading “Homeland Security Detained US Citizen Inside The US, Used Intercepted Emails To Quiz Her About Her Sex Life”

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