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Category: Court

Are People Really Harmed By a Data Security Breach?

Posted on September 22, 2010 by pogowasright.org

Daniel Solove comments on the implications of the Maine Supreme Court’s decision that victims of the Hannaford Bros. breach cannot sue under Maine law for effort and time lost because they are not “cognizable injuries.” There’s just so much goodness in his blog entry that I am at a loss as to what to excerpt….

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The Fourth Amendment in 2020

Posted on September 22, 2010 by pogowasright.org

Christopher Slobogin comments: Over the past 200 years, the Fourth Amendment’s guarantees have been construed largely in the context of what might be called “physical searches”—entry into a house or car, a stop and frisk of a person on the street, or rifling through a person’s private papers. But today, with the introduction of devices…

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NJ man indicted for alleged computer crimes

Posted on September 22, 2010 by pogowasright.org

Lisa Coryell reports: A Robbinsville man has been indicted on charges of computer-related theft and stalking for allegedly installing spyware on a computer he gave to a 12-year-old acquaintance so he could track her online activities. […] “A forensic search of the computer turned up tracking spyware that captured and recorded key strokes, snapshots of…

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Hannaford Litigation Ruling Finds Plaintiffs Cannot Prove Damages

Posted on September 21, 2010 by pogowasright.org

Andy Serwin of Foley & Lardner comments: Harm in the privacy litigation context is a difficult concept for plaintiffs to prove. There have been a number of cases that have ruled that plaintiffs cannot meet their burden and prove damages sufficient to state a claim.   Courts have consistently ruled that plaintiffs cannot easily meet their burden…

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