Tag Archives: Supreme Court

Update: Case Involving Sharing of Passwords May Be Headed to the Supreme Court

Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without authorization.”  The former employee has now asked that the U.S. Supreme review the Ninth Circuit’s decision. The … Continue Reading

6 Best Practices For Avoiding TCPA Violations As The Scope Of Liability Under The Statute Swells

As we have previously discussed, the Federal Communications Commission (the “FCC”) recently issued a Declaratory Ruling (“Declaratory Ruling”) that, among other things, likely exposes companies to even greater liability under the Telephone Consumer Protection Act (the “TCPA”). The TCPA regulates communications, from companies to their consumers, that utilize an automatic telephone dialing system (“ATDS”).  Under the … Continue Reading

Supreme Court to Examine Standing Under FCRA

The U.S. Supreme Court recently decided to hear a case brought under the Fair Credit Reporting Act (“FCRA”) to determine whether individual consumers have standing to sue a consumer reporting agency for statutory violations of the FCRA when no “actual damages” were suffered by the consumer. The FCRA, like other privacy laws, imposes monetary damages … Continue Reading

HIPAA Privacy Rule Also Affected By Supreme Court’s DOMA Decision in U.S. v. Windsor

When the U.S. Supreme Court decided United States v. Windsor, it declared section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. For many companies, the decision meant changes to certain of their employee benefit plans, as well as the tax treatment of employee contributions for same sex spouses. However, declaring section 3 of … Continue Reading

Missouri Constitutional Amendment Protects Electronic Privacy

On August 5, 2014, Missouri voters approved Amendment 9 to the Missouri Constitution making Missouri the first state in the nation to offer explicit constitutional protection to electronic communications and data from unreasonable serches and seizures. The official ballot title asked:  “Shall the Missouri Constitution be amended so that the people shall be secure in their … Continue Reading

Supreme Court Decision in Riley Affects Cellphone Searches in Civil Litigation, Employment Matters

When the United States Supreme Court handed down its decision Riley v. California, a Fourth Amendment criminal case, we suspected it would not be long before the rationale in that case concerning the privacy interests individuals have in cellphones would be more broadly applied. In late June, a federal district court in Connecticut denied a request  by two … Continue Reading

Addressing Social Media Use–Recent Ruling on Students’ Social Networking Reaffirms Need for Policies and Training

The pervasiveness of social media in professional and everyday communication is a hot button issue (discussed at length here), particularly for private and public employers and organizations.  In fact, many organizations have adopted, or are considering adopting, social media policies for employees and providing training for how employees should interact in cyberspace.  But what should … Continue Reading

Supreme Court Issues Decision in City of Ontario v. Quon – Search of Text Messages Held Reasonable, Ninth Circuit Reversed

The Supreme Court today issued its decision in City of Ontario, California v. Quon.  In a unanimous decision, the Court held that the search of Quon’s text messages, sent or received on his department issued pager, was reasonable and did not violate Quon’s Fourth Amendment rights.  As set forth in the opinion, the Court did not … Continue Reading
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