Privacy Law

Police in Florida and other states are building up private DNA databases

The five teenage boys were sitting in a parked car in a gated community in Melbourne, Florida, when a police officer pulled up behind them. Officer Justin Valutsky closed one of the rear doors, which had been ajar, and told them to stay in the car. He peered into the…

Sep 14, 2016 11:30 AM CDT

Government hacking in child porn case was a search, but evidence won’t be suppressed, says judge

Federal trial courts differ on whether the FBI placing malware on private computers amounts to a search, and although a Texas judge recently found that it did, he denied the defendant’s evidence suppression motion on the basis that it wasn’t proven the government willfully violated the law. The case involved…

Sep 12, 2016 3:00 PM CDT

Former Justice Department lawyer is censured for telling journalist about wiretap program

A former Justice Department lawyer has been censured for telling a New York Times reporter about the National Security Agency’s warrantless wiretap program. The lawyer, Thomas Tamm, was censured (PDF) on Thursday, report the National Law Journal (sub. req.) and the Legal Profession Blog. Tamm had agreed to accept the…

Aug 26, 2016 3:07 PM CDT

Lawyer denounces restaurant patrons for message they left his granddaughter

A Virginia lawyer used Facebook to denounce two restaurant patrons who left no tip for their waitress and explained why on the credit card receipt. In the line reserved for the tip amount, the couple wrote, “We only tip citizens.” The 18-year-old waitress was a citizen and the granddaughter of…

Aug 23, 2016 8:00 AM CDT

Hillary Clinton must answer interrogatories in email suit; nearly 15,000 documents uncovered?

Hillary Clinton will have to answer written questions about her use of a private server for State Department emails in a public records lawsuit brought by Judicial Watch. U.S. District Judge Emmet Sullivan ruled (PDF) on Friday that Judicial Watch may serve written interrogatories on Clinton, but the group is…

Aug 22, 2016 9:49 AM CDT

6th Circuit allows suit claiming WebWatcher software violates wiretap law, invades privacy

A federal appeals court is allowing a lawsuit that claims the maker of WebWatcher spyware violates federal and Ohio wiretap laws, as well as a common law right to privacy The Cincinnati-based 6th U.S. Circuit Court of Appeals overturned a judge’s dismissal of the suit in a 2-1 decision (PDF)…

Aug 19, 2016 8:00 AM CDT

Randy Travis DWI arrest video should be released, appeals court says

A redacted dashcam video showing the drunken-driving arrest of country singer Randy Travis must be released under the Texas Public Information Act, a Texas appeals court ruled (PDF) on Thursday. The Texas 3rd Court of Appeals said the August 2012 video isn’t exempted from disclosure, the Austin American-Statesman reports. The…

Aug 18, 2016 4:25 PM CDT

Prosecutors obtained video recordings of lawyer-inmate meetings at private-run federal prison

Prosecutors obtained video recordings of lawyers meeting with their prisoner clients that were made by the Corrections Corporation of America and turned over in response to a grand jury subpoena, testimony revealed at a hearing before a federal judge last week. U.S. District Judge Julie Robinson ordered (PDF) prosecutors to…

Aug 15, 2016 3:48 PM CDT

3rd Circuit refuses to reseal damaging Cosby deposition, but questions ‘public moralist’ rationale

A federal appeals court on Monday refused to reseal documents revealing damaging admissions by Bill Cosby in a 2005 deposition. The Philadelphia-based 3rd U.S. Circuit Court of Appeals refused to reseal the documents because their widespread release made the appeal moot, the Hollywood Reporter reports. The records had been filed…

Aug 15, 2016 2:23 PM CDT

Pennsylvania AG doesn’t testify in her obstruction trial; reporter won’t say who leaked documents

Defense lawyers for Pennsylvania Attorney General Kathleen Kane rested without calling any witnesses on Friday in Kane’s trial on charges of obstruction and perjury. Kane told Judge Wendy Demchick-Alloy she had decided not to testify after listening to the state’s case. “I don’t believe it’s necessary for me to testify…

Aug 12, 2016 3:17 PM CDT

Pennsylvania AG leaked documents for revenge, prosecutor says in opening statement

Pennsylvania Attorney General Kathleen Kane leaked grand jury documents to take revenge on a rival and then lied about it, a prosecutor said in opening statements on Tuesday. Assistant District Attorney Michelle Henry argued that Kane leaked documents about a case that wasn’t pursued by former state prosecutor Frank Fina…

Aug 9, 2016 12:06 PM CDT

Texas AG cites court opinion to deny info releases by local governments

Texas Attorney General Ken Paxton is citing a Texas Supreme court opinion to advise against release of information—ranging from the number of Uber driver permits issued by the city of Houston to the cost of an Enrique Iglesias appearance sponsored by the city of McAllen. Now Texas lawmakers are considering…

Aug 9, 2016 10:15 AM CDT

Wearable technology that monitors workers could lead to legal problems for employers, lawyers say

Employers are outfitting workers with wearable technology to track inventory, map routes through warehouses, monitor employee interactions, and keep truck drivers awake. But lawyers see potential legal complications as wearable technology becomes more common in the workplace, the Washington Post reports. Wearable devices could give employers access to physical data…

Aug 9, 2016 9:01 AM CDT

Judge allows ‘look-see’ at computers seized in blogging defamation probe

A Louisiana judge said on Friday he will allow a “look-see” at home computers seized by Terrebone Parish sheriff’s deputies based on allegations that their owner—a former sheriff’s deputy—may be the blogger who accused the sheriff’s office of improprieties. Judge Randall Bethancourt of Terrebonne Parish had approved a search warrant…

Aug 8, 2016 10:42 AM CDT

FBI director: Fix clashes between privacy, public safety with ‘robust conversation,’ not litigation

The FBI is collecting data on how the widespread use of encryption technology is “impacting our world,” and is looking for examples to share with the American people for an informed debate over the collision of two of our most basic values: privacy and public safety, FBI Director James Comey…

Aug 5, 2016 9:14 PM CDT