Long a consistent and ardent judicial champion of the constitutional protections afforded citizens under the Fourth and Sixth Amendments, one cannot help but wonder how Justice Scalia would have viewed the showdown between Apple and the Department of Justice. The DOJ and FBI intentionally selected a headline case to push…
Over the law few months, we have been getting calls every week from Internet subscribers who think they’re about to lose their homes, their entire life savings, or in one particular instance, their freedom (one woman was terribly afraid that she and her husband were going to be sent to…
The technology questions and options surrounding cybersecurity and data storage in “The Cloud” can overwhelm even the savviest of CEOs. The legal issues, however, are often overlooked. Various federal and state laws govern certain types of data storage in the cloud and dictate what your business is required to do…
Would you like to be identified by name in a federal court case that alleges you illegally downloaded, watched and shared pornography? Probably not. Would it affect your job, your career, your reputation? Probably so. Suing Marylanders by the hundreds, Malibu Media is using strong-arm litigation tactics to intimidate unsuspecting…
Section 230 of the Communications Decency Act of 1996, 47 U.S.C.A. § 230, (CDA) provides online businesses a refuge from civil liability that could otherwise arise from content posted to a website, online blog or other social media platform by a third party. Specifically, § 230(c) of the CDA immunizes…
Depending on the nature of your business, your employees may routinely handle or have access to information that is subject to privacy protection or financial/securities regulations under various federal and state laws. Improper handling or disclosure of statutorily-protected or otherwise private information could potentially result in (1) statutory and privacy…
Very soon, the federal government could know what you bought for dinner last night, or whether you and your wife are having a nasty email fight about something very personal-and they could know this all because of CISPA-The Cyber Intelligence Sharing and Protection Act of 2013. If you’re using gmail,…
Sure, we’ve all heard that mobile software applications collect more personal data from our smart phones than they need to or should; and the mobile apps’ privacy policies are such a byzantine morass, none of us read them anyway. But the news that the most popular children’s mobile software apps…
Jennifer O’Brien, a tenured New Jersey public school elementary teacher with 13 years of teaching experience and a master’s degree in education, was teaching a class of 23-first grade students (all of whom were minorities and mostly six-years old), when she posted on her own, private Facebook page these comments…