Privacy Law

‘Pandora’s box’ ruling by top New York court lets parent record child’s interaction with 3rd party

In New York, only one party needs to consent to permit a private individual to record a conversation. But such a recording is sometimes legal, and hence admissible in evidence, even if no one present during the interaction consents, the state’s top court held on Tuesday in a 4-3 decision.…

Apr 6, 2016 11:10 AM CDT

Cops need warrant before using Stingray devices to track cellphones, Maryland appeals court says

A Maryland appeals court has ruled that police generally need a search warrant to use devices that mimic cellphone towers to track suspects’ cellphones. The Maryland Court of Special Appeals released its decision (PDF) on Wednesday, report USA Today, the Intercept and the Legal Profession Blog. The decision puts at…

Apr 1, 2016 11:08 AM CDT

How much privacy are drivers willing to give up for better car insurance rates?

Drivers who want to lower their car insurance rates may someday have to allow Big Brother to ride shotgun—and that has some legal and privacy experts concerned.

Apr 1, 2016 3:30 AM CDT

Google and Oracle lawyers who research jurors online must disclose it, judge rules

A federal judge has asked lawyers for Google and Oracle to voluntarily agree to a ban on Internet research on potential jurors or to disclose the extent of their online searches during jury selection. U.S. District Judge William Alsup offered that choice to lawyers in an order (PDF) on Friday,…

Mar 29, 2016 7:35 AM CDT

Cop turned bodycam on during ‘hallway deposition’ with defense lawyer, sparking outraged response

Worried about whether his words would be misconstrued, a Miami Beach police officer turned on his body camera one day last month when he saw an assistant Miami-Dade public defender approaching him in a courthouse hallway for an interview—a so-called hallway deposition—regarding an imminent misdemeanor case. But officer Julio Blanco…

Mar 28, 2016 5:00 PM CDT

Justice Department says it may be able to hack San Bernardino shooter’s iPhone without Apple’s help

The Justice Department said in court papers on Monday that it may be able to hack the San Bernardino shooter’s iPhone without assistance from Apple. U.S. Magistrate Judge Sheri Pym of Riverside, California, agreed to the government’s request to cancel a hearing scheduled for Tuesday on the FBI request to…

Mar 22, 2016 7:27 AM CDT

Will $140M verdict for Hulk Hogan in sex-tape case survive appeal?

Updated: Florida jurors who awarded $115 million to Hulk Hogan on Friday in a sex-case suit against Gawker Media added $25 million in punitive damages on Monday. Gawker is planning to appeal the verdict, which includes $55 million for economic injuries and $60 million for emotional distress, report Courthouse News…

Mar 21, 2016 10:26 AM CDT

EFF’s Cindy Cohn calls for lawyer support in fight over mass surveillance

Cindy Cohn was always a compelling choice to give the keynote speech at ABA Techshow. The Electronic Frontier Foundation executive director has been involved in numerous high-profile court cases against the National Security Agency over its mass surveillance data-collection programs. Then the FBI versus Apple controversy happened, giving her keynote…

Mar 18, 2016 4:15 PM CDT

Apple formally objects in San Bernardino iPhone evidence fight

Apple filed a formal objection Tuesday to a federal court order that the company must help the FBI unlock an iPhone, the Wall Street Journal (sub. req.) reports. The U.S. District Court for the Central District of California matter stems from a December 2015 mass shooting in San Bernardino. The…

Mar 2, 2016 3:05 PM CST

Apple doesn’t have to unlock iPhone in New York drug case, federal magistrate rules

The All Writs Act does not give judges power to order Apple to assist the government in opening an iPhone, a federal magistrate judge has ruled in a New York drug case. Magistrate Judge James Orenstein of Brooklyn ruled (PDF) on Monday in a case interpreting the 1789 law, report…

Mar 1, 2016 9:44 AM CST

Suit claims judge secretly bugged courthouse and recorded conversations

A suspended New Mexico judge is accused in a lawsuit of secretly bugging multiple locations in the courthouse and recording hundreds of hours of private conversations. The suit filed on Friday claims suspended Aztec Magistrate Court Judge Connie Johnston placed the devices in more than a dozen locations, including an…

Mar 1, 2016 8:20 AM CST

Rapid DNA devices provide results in less than two hours; how are they being used?

Law enforcement and immigration officials are showing interest in new microwave-sized devices that test DNA and return results in less than two hours. Some police departments are using rapid DNA results to search state databases to solve crimes, the New Republic reports in a story co-published with Al Jazeera America.…

Feb 26, 2016 6:15 AM CST

US Marshals Service used Stingray cellphone tracking devices nearly 6,000 times

The Baltimore police department is no longer the most prolific known user of Stingray technology, which can track suspects’ cellphones by impersonating cellphone towers. Baltimore police have used Stingrays 4,300 times, according to court testimony, but that’s less than the usage by the U.S. Marshals Service, USA Today reports. The…

Feb 24, 2016 11:37 AM CST

Judge orders depositions in Judicial Watch suit over Clinton emails

Decrying “a constant drip, drip, drip of declarations” regarding Hillary Clinton’s emails, a federal judge has ordered deposition testimony by Clinton aides and State Department officials. U.S. District Judge Emmet Sullivan ruled on Tuesday in a freedom of information suit filed by Judicial Watch, report the Washington Post, the Washington…

Feb 24, 2016 10:02 AM CST

Judge allows suit against lawyers for client’s secret video of Waffle House chairman

A Georgia judge has refused to toss a lawsuit against two lawyers accused of encouraging their client to make a secret video of a sexual encounter with Waffle House chairman Joe Rogers Jr. for a sexual harassment claim. Ruling on Wednesday, Judge Robert Leonard II of Cobb County allowed the…

Feb 19, 2016 5:45 AM CST