US PRIVACY

White House, Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy

Date 02/28/2012.

According to the document’s foreword the consumers’ privacy framework in the United States is strong but lacks a statements of basic privacy principles applying to commercial worlds, and a commitment of all stakeholders to address consumer data privacy issues. To address these issues the administration offered Consumer Data Privacy in a Networked World. At the […]

North Carolina State Bar 2011 Formal Ethics Opinion 6

Date 01/27/2012.

Topics: Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property Summary: “Opinion rules that a lawyer may contract with a vendor of software as a service provided the lawyer uses reasonable care to safeguard confidential client information.” From the Opinion: “This opinion does not set forth specific […]

Tyler v. Michaels Stores, 840 F.Supp.2d 438 (D.Mass. 2012)

Date 01/06/2012.

Holding: zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit card transactions. Mass. Gen. Law ch. 93A § 105(a) (2012).   The complaint predicated an alleged violation of Section 105(a) which provides: “No person, firm, partnership, corporation or other business entity that accepts a […]

Pennsylvania Bar Association Formal Opinion 2011-200

Date 12/31/2011.

Committee on Legal Ethics and Professional Responsibility – Formal Opinion 2011-200 Topics: Ethical Obligations for Attorneys Using Cloud Computing/Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property From the opinion: “From a more technical perspective, ‘cloud computing’ encompasses several similar types of services under different names and brands, including: […]

Etienne Montero & Quentin Van Enis, Enabling freedom of expression in light of filtering measures imposed on internet intermediaries: squaring the circle?

Date 12/31/2011.

Computer Law & Security Review 27 (2011) Abstract from the article: “This study considers the scope of the injunction a court may issue against an intermediary service provider with a view to preventing or terminating an infringement, particularly of an intellectual property right. The matter is studied in the light of the aim shared by […]

David Banisar, The Right to Information and Privacy, Balancing Rights and Managing Conflicts

Date 12/31/2011.

Conclusion from the article: “Access to information and protection of privacy are both rights intended to help the individual in making government accountable. Most of the time, the two rights complement each other. However, there are conflicts—for example, privacy laws often are improperly invoked by governments. And there are cases where the conflicts are legitimate. […]

Oregon State Bar Formal Opinion 2011-188

Date 11/30/2011.

Approved by Board of Governors, November 2011 Topics: Information Relating to the Representation of a Client: Third-Party Electronic Storage of Client Materials Summary: “Law Firm contracts with third-party vendor to store client files and documents online on remote server so that Lawyer and/or Client could access the documents over the Internet from any remote location. […]

Nathan M. Crystal, Ethics Watch: Technology and Confidentiality (Part II), South Carolina Lawyer 12 (Nov. 2011)

Date 11/30/2011.

The basic obligation of lawyers with regard to confidential client information is clear: lawyers must take reasonable steps to protect the confidentiality of such information. South Carolina Rule of Professional Conduct (SCRPC) 1.6, comment 18 states: “When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions to prevent the information […]

Cyber Intelligence Sharing and Protection Act

Date 11/13/2011.

On November 30, 2011, the House of Representative introduced bill H.R. 3523 (112th), Cyber Intelligence Sharing and Protection Act (CISPA). Among other purposes, the bill favored the sharing of certain cyber threat intelligence and cyber threat information between the intelligence community and cybersecurity entities. This bill was passed by the House on April 26, 2012 […]