Susan Freiwald, Light in the Darkness: how the LEATPR Standards Guide Legislators in Regulating Law Enforcement Access to Cell Site Location Records

66 Oklahoma Law Review 875 (2014) Abstract: “This article measures the new ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (LEATPR Standards) success by assessing the guidance they provide legislators interested in updating pertinent law regarding one specific type of data. Scholars should not expect the Standards to yield the same […]

HIPAA Fines likely to raise, HHS Atty Says

Penalties under the Health Insurance Portability and Accountability Act (HIPAA) are likely to increase substantially in the coming year, according to a high-ranking attorney in the Department of Health and Human Services (HHS). Law360, the publication that first reported the comment, said HHS received more than $10 million for alleged HIPAA violations since June 2013, at […]

Laura K. Donohue, Bulk Metadata Collection: Statutory and Constitutional Considerations

37 Harv. J.L. & Pub. Pol’y 757-900 (2014) Abstract: “The National Security Agency’s bulk collection of telephony metadata runs contrary to Congress’s intent in enacting the 1978 Foreign Intelligence Surveillance Act. The program also violates the statute in three ways: the requirement that records sought be “relevant to an authorized investigation;” the requirement that information […]

Facebook appeals order to disclose account information of 381 users

Facebook has appealed a September 17, 2013 New York County trial court sealed order containing bulk search warrants directing Facebook to produce virtually all records and communications of 381 Facebook accounts. The warrants also included provisions barring Facebook from informing users of the warrants. Facebook unsuccessfully moved to quash the bulk warrants as overly broad […]

Shiamili v Real Estate Group of N.Y., Inc., 17 N.Y.3d 281

According to the decision: “47 U.S.C.S. § 230 generally immunizes internet service providers from liability for third-party content wherever such liability depends on characterizing the provider as a “publisher or speaker” of objectionable material”. Plaintiff realtor sued defendants, a competitor, the competitor’s principal, and the principal’s assistant, for defamation and unfair competition by disparagement. The […]

Alexander Tsesis, The Right to be Forgotten and Erasure: Privacy, Data Brokers, and the Indefinite Retention of Data

Wake Forest Law Review, Vol. 48, 2014 Abstract from the article: “This article scrutinizes invasive cyber business practices and advocates passage of the proposed European Union right to erasure. The proposed regulation would prevent the indefinite storage and trade in electronic data, placing limits on the duration and purpose for which businesses could retain it. […]