Tag Archives: Electronic Communications Privacy Act

House of Representatives Passes Email Privacy Act

On February 6, 2017, the House of Representatives suspended its rules and passed by voice vote H.R 387, the Email Privacy Act. The Email Privacy Act now moves to the Senate, where it will be considered by the Senate Judiciary Committee. … Continue Reading

Email Privacy Act Reintroduced in Congress

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

California Passes New Digital Privacy Law

On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act. The law requires police to obtain a warrant before accessing an individual’s private electronic information. … Continue Reading

White House Releases Report on Big Data

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

California Governor Vetoes Electronic Communications Privacy Bill

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

Failure to Secure Wireless Network Defeats ECPA Claims

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

Microsoft Calls for Legislative Action to Set Rules for Cloud Computing

Microsoft is urging Congress and the information technology industry to act now to ensure that cloud computing is guided by an international commitment to privacy, security and transparency for consumers, businesses and government.  A survey commissioned by Microsoft found that while the general population and senior business leaders are excited about the potential of cloud … Continue Reading

New Class Action Complaint Alleges Privacy Violations by ISP Using NebuAd Device

A class action complaint filed on December 9, 2009, in Illinois federal court alleges that WideOpen West, Finance, LLC ("WOW"), an Internet service provider, violated its users’ privacy by "installing spyware devices on its broadband networks."  Valentine v. WideOpen West (N.D. Ill., No. 1:09-cv-07653).  This action against WOW follows the October 6, 2009, dismissal by … Continue Reading
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