Recent Posts

Facebook ID Not Protected Communication Under ECPA

May 29, 14 Facebook ID Not Protected Communication Under ECPA

Posted in Litigation, Litigation, Privacy

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) The Ninth Circuit recently addressed the Electronic Communications Privacy Act (ECPA) in the consolidated cases In re Zynga Privacy Litigation and In re Facebook Privacy Litigation. In both cases where the plaintiffs alleged that the social websites disclosed confidential user...

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Court Upholds Law Banning Electronic Communications That Solicit Sex With Minors

May 29, 14 Court Upholds Law Banning Electronic Communications That Solicit Sex With Minors

Posted in Criminal, First Amendment, Litigation

Appellant Ronald Arganbright, a trooper with the Oklahoma Highway Patrol, was convicted of “Lewd or Indecent Acts to a Child under 16 (Count I)… and Soliciting Sexual Conduct or Communication with Minor by Use of Technology (Count II)”. The latter count is of interest to us today, as Arganbright appealed, arguing...

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ABA Issues Formal Opinion On ‘Lawyer Reviewing Jurors’ Internet Presence’

May 28, 14 ABA Issues Formal Opinion On ‘Lawyer Reviewing Jurors’ Internet Presence’

Posted in Featured, Odds & Ends

By IT-Lex Intern Amber Williams (LinkedIn) IT-Lex has reported about the dangers of lawyers looking up their prospective jurors online, and last month the ABA issued its own guidelines on this matter. The question that the ABA’s paper analyzed was “whether a lawyer who represents a client in a matter that will be tried to a jury...

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Requesting Party Has To Pay For Flash Drive Forensics In Illinois Case

Network Cargo Systems USA, Inc. v. Pappas is a short eDiscovery opinion from Illinois earlier this month. The opinion’s first paragraph lays out some factual background: Plaintiff… (“Network”), alleges that defendant Caroline Pappas, a former employee, downloaded and destroyed files from its computer system...

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AF Holdings’ Attempts To Subpoena ISPs Shot Down By D.C. Circuit

Earlier today, the U.S. Court of Appeals for the D.C. Circuit issued its appeal in AF Holdings, LLC v. Does 1-1058. We’ve covered this plaintiff before, where a California court held that IP addresses alone were not sufficient to prove copyright infringement, and today a much more influential federal court came to that same...

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Top New York Court Protects The Right To Annoy

May 27, 14 Top New York Court Protects The Right To Annoy

Posted in First Amendment, Litigation

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) Anyone that thinks that the world of academia is dull, is in for a surprise with a recent decision from New York’s highest court. As we wrote over a year ago, (then disbarred) attorney Raphael Golb “concocted an elaborate scheme” impersonating scholars in emails and posting...

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Happy Memorial Day!

May 26, 14 Happy Memorial Day!

Posted in IT-Lex News

We’re taking the day off to enjoy the sunshine – will be back tomorrow....

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DOJ Charges Five Chinese Military Hackers With “Cyber Espionage”

May 23, 14 DOJ Charges Five Chinese Military Hackers With “Cyber Espionage”

Posted in Hacking, Litigation, Security

As you may have heard, this week the Department of Justice indicted five military hackers, for “cyber espionage” against U.S. businesses. From the press release: The indictment alleges that the defendants conspired to hack into American entities, to maintain unauthorized access to their computers and to steal...

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