Kashmir Hill blogs about a court order in a California case that I’ve blogged about in recent days. Happily for me, Kashmir located a copy of the court order in question. It’s interesting to read Judge Kenny’s reasoning on this. He seems to indicate that the Stored Communications Act might unconstitutionally prevent the court from…
Category: Court
Evidence can still be admitted even when ECPA violated – court
FourthAmendment.com reports an appellate decision in the Fourth Circuit: A violation of the Electronic Communications Privacy Act (ECPA) is not subject to the exclusionary rule. United States v. Clenney, 2011 U.S. App. LEXIS 2117 (4th Cir. February 3, 2011): Turning to the statutes at issue, neither provides suppression of the evidence in federal court as a…
Emerging Legal Issues in Social Media: Part I
Ken Strutin writes: Social media is engaging masses of people in unprecedented ways. At the same time, the diversity of social networking applications has permeated and extended the range of legal investigation, discovery and litigation. As human activity is played out and recorded online, the laws governing cyber-behavior, privacy and discovery continue to evolve. And…
Personal Privacy and the Right to Know – Editorial
This editorial about the case before the Supreme Court on whether corporations have the same privacy right as individuals with respect to Freedom of Information law appeared in yesterday’s New York Times: For 45 years, the Freedom of Information of Act has invigorated American democracy by obliging the executive branch to make public a splendid…