Andy Serwin provides background and analysis of yesterday’s Ninth Circuit decision that plaintiffs had Article III standing in a lawsuit stemming from a stolen Starbucks laptop: Standing is a key issue in privacy litigation, and it is an issue related to damages, though courts at times reach conclusions regarding standing that are inconsistent with their…
Category: Court
Publishing child sex abuse victim’s name on the web was not a privacy violation
Evan Brown summarizes Doe v. Fankhauser, 2010 WL 4702295 (N.D. Ohio, November 30, 2010) Plaintiff Jane Doe was the victim of physical and sexual abuse when she was a minor. In the criminal case against the perpetrator, Doe’s name was redacted, and she and her family were allegedly assured that her name would not be…
UK: Case Law: Court of Appeal on Privacy and Anonymisation
Inforrm’s Blog discusses a case where the court may have been too lenient in granting anonymity in a case stemming from a commercial contractual dispute: On 14 December 2010 the Court of Appeal handed down judgment in the case of Pink Floyd Music Limited v EMI Records ([2010] EWCA Civ 1429) – a contractual dispute concerning…
The Origins of the “Search Incident to Arrest” Exception
Orin Kerr has a blog post about the origins of what some may incorrectly view as a recent attack on Fourth Amendment protections – the ability of law enforcement to search you if they arrest you: The search incident to arrest doctrine predates the War on Drugs, actually. In People v. Chiagles, 237 N.Y. 193…