Stored Communications Act
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Non-SequitursNon Sequiturs: 03.24.19
* In the wake of Justice Anthony M. Kennedy’s retirement, I predicted that Chief Justice John Roberts, a staunch institutionalist when it comes to the Supreme Court, would serve as a moderating influence at SCOTUS — and so far that seems to be the case, with Adam Feldman noting a “a mild liberalizing over time” in JGR’s jurisprudence. [Empirical SCOTUS]
* Speaking of SCOTUS, it’s high time for the Court to resolve the messy circuit split on email privacy under the Stored Communications Act, according to Orin Kerr. [Volokh Conspiracy / Reason]
* The Trump Administration’s new executive order about free speech on university campuses might harm rather than help the cause of academic freedom, as Paul Horwitz points out. [PrawfsBlawg]
* Republicans aren’t the only ones with purity tests for judicial nominations; Demand Justice, a left-wing group focused on the federal judiciary, has high standards for Democratic opposition to Trump nominees. [Bench Memos / National Review]
* While you wait for the 2019 edition of Above the Law’s law school rankings, check out the latest installment of the “revealed preferences” law school rankings, by C.J. Ryan and Brian L. Frye. [SSRN]
* What’s next for Kira Systems, a leader in the world of legal AI? Co-founder and CEO Noah Waisberg isn’t resting on his laurels — and he’s putting that $50 million investment from last September to work. [Artificial Lawyer]
* Fastcase continues to forge new partnerships — and in its latest alliance, it will give its subscribers access to select titles from the American Bar Association (which, full disclosure, published my book (affiliate link) in 2014). [Dewey B Strategic]
* If you’ll be in New York this coming Wednesday, consider attending the inaugural Kenneth P. Thompson ’92 Lecture on Race and Criminal Justice Reform at NYU Law School, focused on wrongful convictions and the roles of prosecutors and others in the criminal justice system. [NYU Law]
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Non-SequitursNon Sequiturs: 01.06.19
* It’s baaack: partisan gerrymandering returns to the Supreme Court — and in the view of veteran SCOTUS watcher Amy Howe, it’s unlikely that the justices will duck the merits this time around. [SCOTUSblog]
* Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of property rather than privacy. [Volokh Conspiracy / Reason]
* Carrie Severino calls out Senate Democrats for their persistent — and in her view, unjustified — questioning of judicial nominees about their religious views and affiliations. [Bench Memos / National Review]
* Joel Cohen identifies an interesting issue: should a defendant prejudiced by government misconduct in a case receive a break at sentencing? [Law & Crime]
* Here are some highlights from Chief Justice John Roberts’s year-end report on the federal judiciary, courtesy of Howard Wasserman. [PrawfsBlawg]
* The new year is a time of beginnings — and endings. Concurring Opinions, you will be missed. [Concurring Opinions]
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PrivacyLocation, Location, Location: Why Data Privacy In The Cloud May Never Be The Same
Data privacy law is being shaped in this case, so pay attention -- your data is in the cross-border fire as a result.
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Supreme Court, Technology
Will The Supremes Finally Push Congress To Update The Outdated Stored Communications Act?
Higher burdens on our existing warrant requirements may be part of the answer, but it's not the whole solution. -
Privacy, Technology
Who Owns Your Email? An Interview With Brad Smith, General Counsel Of Microsoft
A conversation between Microsoft GC Brad Smith and technology columnist Jeff Bennion about a Second Circuit case with important implications for data privacy. -
Privacy, Sponsored Content, Technology
Technology & Law: Can U.S. Law Enforcement Virtually Break Into Foreign Data Centers?
This case has major implications for technology, data privacy, cloud computing, international relations, U.S. business interests, and media, so it deserves close attention. -
Technology
Cybersecurity Litigation Monthly Newsletter
Significant Case Developments P.F. Chang’s Seeks Dismissal of Data Breach Class Actions, Arguing the Existence of an Express Contract and Lack of Damages Preclude Claims Lewert v. P.F. Chang’s China Bistro, Inc., No. 1:14-cv-04787 (N.D. Ill.). As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases, now consolidated in the Northern District of Illinois. In their complaints, plaintiffs John Lewert and Lucas Kosner alleged that by failing to safeguard customer information, P.F. Chang’s breached an implied contract and violated consumer protection laws. The plaintiffs did not bring a breach of express contract claim. P.F. Chang’s argues that the plaintiffs acknowledge the existence of an express contract by alleging that “a portion of the services [they] purchased” at P.F. Chang’s was “compliance with industry-standard measures” for data security and that they were “deprived of the full monetary value of [their] transaction.” -
3rd Circuit, Facebook, Privacy, Social Networking Websites, Technology
Defense Attorney Will Poke Appeals Court Over Juror's Right to Privacy
Facebook’s lawyers have been looking for a rumble over the company’s responsibility to turn over user account information in legal cases. Now they’ve got one, thanks to a California juror and his grandstanding defense attorney. The case stems from a gang violence criminal trial. Members of the Killa Mobb were being tried for a 2008 […] 
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6th Circuit, Police, Privacy, Technology
Sex Pill Peddler Makes It Hard for the Po-Po to Peep at Your Email
Thanks to a huge decision out of the Sixth Circuit, your email and the Fourth Amendment just got better acquainted. The police need to get a warrant to take a peek at the contents of someone’s inbox, writes Judge Danny Boggs — once rumored to be on the SCOTUS shortlist — in the court’s opinion […]
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