Technology Law Blog

Showing 12 posts in Privacy.

Cincinnati Who-Dey Ruling is Big Deal for Internet Commerce: Website immune from Ex-Bengals Cheerleader’s Defamation Lawsuit

The gossip website, thedirty.com, is immune from liability for online posts about an ex-Bengals Cheerleader’s sexual promiscuity and acquiring a sexually transmitted disease. In a closely followed decision from a case that has generated considerable media coverage because of its potential to chill online speech and hold internet websites such as Facebook, Twitter and newspaper sites liable, which allow third party users to post content, was reversed. The U.S. Court of Appeals for the Sixth Circuit recently overturned a jury verdict of $338,000 against gossip website thedirty.com and its owner Nik Richie. Sarah Jones v. Dirty World Entertainment Recordings LLC arose after Sarah Jones, a former Cincinnati Bengals cheerleader and teacher who was subsequently convicted of having sex with a high school student, sued the website after it posted unflattering information about her sexual promiscuity with football team players, she demanded the posts be removed, and the website refused. She filed state law tort claims for defamation and privacy torts and won at trial. The defendants appealed. Read More ›

Categories: First Amendment, Privacy, Social Media

How Secure Is Your Cloud?

Business owners are increasingly turning to cloud storage as an alternative to maintaining their own servers. The three most popular cloud storage services are Dropbox, Google Drive and SkyDrive. Each service comes with a specific amount of free storage and allows users to upgrade for a fee. For a helpful comparison of these three choices, see here. Cloud storage providers are promising upgraded security, but there are certain steps business owners can take themselves to protect their data. Read More ›

Categories: Cloud Computing, Privacy

BYOD: Balancing Data Security with Employee Privacy

The days of carrying around a work phone and personal phone are quickly dwindling, if not already gone. Instead, businesses are implementing bring-your-own-device ("BYOD") policies that allow employees to access corporate information from their personal mobile device. On one hand, providing employees with mobile access to information increases productivity by allowing employees to work from anywhere. On the other hand, allowing corporate information to be accessed on devices that are mobile and capable of falling into the wrong hands produces a host of new security issues. This creates a difficult balancing act for employers who want their employees to be productive, but still want to maintain control over the information being accessed. Read More ›

Categories: Employment, Privacy, Regulatory

Can the FTC Shut Down Your App?

FTC buildingYes, the FTC can shut down your app. But you could also face stiff penalties for lack of compliance.

COPPA is the Children's Online Privacy Protection Act. The FTC has recently revised the rules regarding collecting personal information from children, and has set a date of July 1, 2013 as the deadline for compliance with the latest revised rule. The revision focuses on applications that collect personal information about children, such as photos, videos, and audio files containing the child's voice. Read More ›

Categories: Privacy, Regulatory, Social Media

Is There a Digital Afterlife?

Social media iconsWe currently live in an era where our grandchildren will have access to everything we are currently posting online. In many ways, we are defined by our emails, pictures, Facebook likes, and tweets.

Typically, we make serious plans on who will get our houses, cars, money, and property when we die. But have you ever considered who will own – or control – your emails, online pictures, Facebook account, or social media profiles? Read More ›

Categories: Privacy, Social Media

Michigan’s New Law Protects Online Privacy

Social MediaMichigan’s new law, the Internet Privacy Protection Act (IPPA), protects employees, potential employees, students and applicants from giving employers and educators access to their personal social media accounts. Under the new law, accounts such as Gmail, Facebook, Twitter, Tumblr or Twitter are covered. Employers and school administrators can’t discharge, fail to hire or admit or otherwise penalize their current or potential employees or students for refusing their request. Read More ›

Categories: Employment, Privacy

Does Apple’s Siri Record and Store Everything You Say?

Picture of Siri on iPhoneMany people love having an application on their iPhone that can convert nearly anything they say into text.  But what does Apple do with what you say to Siri?

Most people are unaware that everything you say to Siri is sent to a data center in North Carolina.  It is sent to Apple in order to convert what you say into text. Read More ›

Categories: Privacy

U.S. Supreme Court Strikes Down Warrantless GPS Tracking

Let's revisit a previous posting regarding the scope of the Fourth Amendment in the digital era. 

Last year, the Department of Justice requested the U.S. Supreme Court to approve the warrantless and covert attachment by law enforcement of a GPS tracking device to an individual's vehicle. The DOJ’s request arose from a U.S. Court of Appeals decision, which vacated the life sentence of a convicted drug dealer.  In that case, the Court of Appeals held that law enforcement violated the individual’s Fourth Amendment rights by secretly attaching a GPS tracking device to the individual’s vehicle without a warrant. Read More ›

Categories: Privacy

Facebook Penalized on Privacy

Facebook has reached a settlement with the Federal Trade Commission regarding charges that it violated users' privacy rights.

Why Facebook was under investigation?

In December 2009, privacy advocates filed a complaint with the FTC following certain changes to Facebook privacy policies.   Specifically, the FTC complaint alleged that Facebook made aspects of its users' profiles - such as name, picture, and friends list - public by default and without user consent. The FTC stated that such actions violated user expectations of privacy and threatened the "health and safety" of users by exposing "potentially sensitive affiliations" such as political views and sexual orientation.

The FTC complaint also alleged other situations where Facebook "made promises that it did not keep," such as promising that it would not share information with advertisers or retain data that it promised users was deleted. Read More ›

Categories: Privacy, Social Media

Proposed Legislation Would Ban Unsolicited Text Messages

Cellular phones continue to play an increasing role in our daily lives, allowing us to stay "connected" 24/7.  That "connectivity", however, blurs and erodes the traditional notions of privacy in an individual's daily life.  Now, your boss, email, customers, and friends are never more than a button's push away. Read More ›

Categories: E-Commerce, Privacy