Electronic Communications Privacy Act

On January 9, 2017, Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO) reintroduced the Email Privacy Act, which would amend the Electronic Communications Privacy Act to require government entities to obtain a warrant, based on probable cause, before accessing the content of any emails or electronic communications stored with third-party service providers, regardless of how long the communications have been held in electronic storage by such providers.
Continue Reading Email Privacy Act Reintroduced in Congress

On May 1, 2014, the White House released a report examining how big data is affecting government, society and commerce. In addition to questioning longstanding tenets of privacy legislation, such as notice and consent requirements, the report recommends (1) passing national data breach legislation, (2) revising the Electronic Communications Privacy Act, and (3) advancing the Consumer Privacy Bill of Rights.
Continue Reading White House Releases Report on Big Data

Following recent approvals of two new online privacy laws in California, on October 12, 2013, California Governor Jerry Brown vetoed an electronic communications privacy bill that would have compelled law enforcement to obtain a search warrant before seeking access to electronic communications maintained by service providers.
Continue Reading California Governor Vetoes Electronic Communications Privacy Bill

On June 15, 2011, Senators Al Franken and Richard Blumenthal introduced a bill intended to “close current loopholes in federal law to ensure that consumers know what location information is being collected about them and allow them to decide if they want to share it.”

Continue Reading Senators Franken and Blumenthal Co-Sponsor Location Privacy Protection Act

In late December 2010, consumers filed two class action lawsuits against Apple Inc., claiming that several applications they downloaded from Apple’s App Store sent their personal information to third parties without their consent.

Continue Reading Lawsuits Allege Apple Applications Sent Personal Information to Third Parties

A federal district court in California recently quashed a civil subpoena for private messages sent through Facebook and MySpace, but found that more evidence regarding the plaintiff’s privacy settings was needed to determine whether his wall posts and comments should be similarly protected.

Continue Reading Privacy Settings on Social Networking Sites May Determine Protection Under Stored Communications Act

A computer user’s failure to secure his wireless network contributed to the defeat of his claim that a neighbor’s unwelcome access to his files violated the Electronic Communications Privacy Act (“ECPA”).  The ECPA places restrictions on unauthorized interception of, and access to, electronic communications.
Continue Reading Failure to Secure Wireless Network Defeats ECPA Claims