Privacy Law

Under AG Barr, phone surveillance program began in ‘92 without legal review, IG finds

There is no evidence that the U.S. Department of Justice ever fully addressed legal questions surrounding the bulk collection of phone records in 1992 by the Drug Enforcement Administration, according to a report from the Office of the Inspector General released Thursday.

Mar 28, 2019 5:04 PM CDT

SCOTUS requires standing review of case challenging cy pres awards to groups rather than plaintiffs

Only Justice Clarence Thomas offered an opinion on the merits Wednesday in a case that challenges cy pres awards that give class-action awards to nonparty nonprofit groups rather than the plaintiffs.

Mar 20, 2019 10:55 AM CDT

Compelled-password decision is ‘death knell’ for Fifth Amendment, state justice argues

A defendant can be compelled to enter a password to his cellphone as long as prosecutors prove just one thing, Massachusetts’ top court has ruled. Prosecutors must show beyond a reasonable doubt that the defendant knows the password, according to the Massachusetts Supreme Judicial Court. Prosecutors met that burden in…

Mar 11, 2019 2:10 PM CDT

Want to fly a drone? You have to play by the rules

The first full day of ABA Techshow 2019 kicked off with a buzz as a small, black multi-propellered flying object zipped through a ballroom at the Hyatt Regency in Chicago.

Feb 28, 2019 11:45 AM CST

Facial recognition scanning goes mainstream

The use of facial recognition scanning, already a given in law enforcement, is spreading deeply into the U.S. private sector. And business-to-business research firms predict the facial recognition industry will grow.

Feb 22, 2019 7:00 AM CST

Federal appeals court allows release of grand jury records in 1946 lynching

A federal appeals court on Monday upheld the release of grand jury records in the 1946 lynching of two black couples in Georgia. The 11th U.S. Circuit Court of Appeals at Atlanta ruled 2-1 that the records may be released to historian Anthony Pitch, who wrote a 2016 book on…

Feb 13, 2019 9:19 AM CST

Wrongly released documents in student’s drowning death show lifeguard ignored warnings

A lifeguard ignored warnings by three students before discovery of a body at the bottom of a school swimming pool in Chicago, according to documents approved for release by a Chicago judge last week. Judge Peter Flynn of Cook County had initially banned publication of the documents in the 2017…

Feb 11, 2019 10:56 AM CST

NYPD threatens Google with legal action to stop pinpointing police activity through app

In a letter sent to Google last weekend, the New York Police Department threatened legal action if the technology company ignored demands to remove a feature on its Waze app that allows users to post locations of police checkpoints. Ann Prunty, the acting deputy commissioner for legal matters, wrote in…

Feb 8, 2019 3:23 PM CST

Discovery documents provided to Russian firm were altered and posted online, Mueller says

Law firm Reed Smith has released a statement Wednesday saying its computer systems were not breached after special counsel Robert Mueller revealed that someone claiming to be a hacker had posted discovery materials provided to its client, a Russian company accused of funding a Russian effort to interfere in the…

Jan 31, 2019 9:00 AM CST

Judge in Yahoo data breach case criticizes ‘unreasonably high’ attorney fees

A federal judge in San Jose, California, on Monday refused to approve a class action settlement in litigation over a series of Yahoo data breaches, citing a lack of transparency and the possibility of “unreasonably high” attorney fees. U.S. District Judge Lucy Koh cited several problems with the proposed settlement,…

Jan 30, 2019 1:46 PM CST

Lawyer’s suit says FaceTime bug allowed secret recording of deposition, caused emotional trauma

A Houston lawyer filed a lawsuit against Apple Inc. on Monday alleging that a FaceTime bug allowed the recording of a private deposition. The suit by Larry Williams II does not give any details about the recorded deposition, but it says the breach caused “permanent and continuous injuries, pain and…

Jan 30, 2019 9:25 AM CST

Privacy rights of lawyers and their clients should be protected during border searches, ABA House urges

The federal judiciary, Congress and the Department of Homeland Security should protect the privacy of those crossing the border by setting standards for searches and seizures of electronic devices and for protection of attorney-client privilege, the work product doctrine and lawyer-client confidentiality, according to a resolution passed overwhelmingly by the ABA House of Delegates on Monday at the ABA Midyear Meeting in Las Vegas.

Jan 28, 2019 6:21 PM CST

Compelling biometric features to unlock phones is ‘abuse of power,’ U.S. judge rules

Calling an FBI warrant application “an abuse of power” and “unconstitutional,” a U.S. magistrate judge has ruled that federal authorities cannot compel suspects to unlock their phones with biometric features. The case involves a Facebook Messenger extortion plot where two suspects allegedly said they would release an embarrassing video unless…

Jan 17, 2019 10:21 AM CST

Law requiring Airbnb to turn over detailed data likely violates Fourth Amendment, judge says

A federal judge in Manhattan has issued a preliminary injunction blocking a New York City ordinance that requires websites such as Airbnb and HomeAway to turn over what he termed “voluminous data” about their customers. U.S. District Judge Paul Engelmayer ruled Thursday that the law likely violates the Fourth Amendment,…

Jan 4, 2019 9:54 AM CST

Is recording others legal, and is it ethical?

A lawyer taping a client may be illegal in some circumstances, but it certainly is not unheard of. In fact, lawyers have surreptitiously tape-recorded conversations with witnesses, potential party opponents and clients.

Jan 1, 2019 2:10 AM CST