Balough
December 22, 2013
Richard C. Balough has co-authored an article that explores how courts address privacy considerations for geolocational technologies, including how courts are beginning to place additional limits on the use of location-tracking technology. The article, Business Law Today_ Privacy Considerations Limit Geolocation Technologies appears in the April 2012 issue of the online Business Law Today, published by the American […]
Balough
December 22, 2013
There is no reasonable expectation of privacy in data given off by a pay-as-you-go cell phone, the Sixth Circuit found. At issue in the case was geolocational information obtained by Drug Enforcement Administration officers who continuously “pinged” the pay-as-you-go cell phone of a suspect and his son who were driving from Arizona to Texas. Once […]
Balough
December 22, 2013
An online social bookmarking service that allows users to provide links to copyrighted materials behind a pay wall is not a contributory infringer, the Seventh Circuit found. myVidster.com’s users bookmark videos on the Internet that are displayed as thumbnails on the website. When a user clicks on the thumbnail, the video is played but the […]
Balough
December 22, 2013
Illinois is the second state in the nation to prohibit employers from asking employees or applications for their Facebook and other social media passwords. Illinois Public Law 097-0875, which becomes effective January 1, 2013, is an amendment to the State’s Right to Privacy in the Workplace Act. The amendment makes it “unlawful for any employer […]
Balough
December 22, 2013
Mobile app developers are increasingly disclosing their privacy policies regarding the collection of personal information, a new study by the Future of Privacy Forum (FPF) shows. “This study concludes that app developers have begun to heed the call for privacy policies,” the FPF stated. In the June 2012 FPF Mobile Apps Study, the FPF found that […]
Balough
December 22, 2013
Tweets along with the tweeter’s email address and other user information may be subpoenaed by the government under the Stored Communications Act, a New York criminal court judge found. The New York District Attorney’s Office issued a subpoena to Twitter in connection with a disorderly conduct charge against defendant, an Occupy Wall Street protester who […]
Balough
December 22, 2013
The collection and use of an app user’s personal information, including the user’s location, without his or her consent does not violate the user’s right to privacy under the California Constitution, the Stored Communications Act, the Federal Wiretap Act, or the Computer Fraud and Abuse Act. However, the use may violate California’s unfair competition law, […]
Balough
December 17, 2013
A juror who posted comments on his Facebook page during a trial must give the trial court judge a copy of all of his posts, including deleted posts. A California appellate court found that the trial court was correct in ordering the juror to produce to the court for review all of his posts to […]
Balough
December 17, 2013
It’s not a federal offense to use your company computer for personal browsing, even if it is contrary to corporate policy—at least in the Ninth Circuit. The appellate court upheld the dismissal by the trial court of criminal charges under the Computer Fraud and Abuse Act (CFAA) against David Nosal, a former employee of the executive search […]
Balough
December 17, 2013
The issue of whether individuals have any expectation of privacy concerning their location was explored as part of a presentation by Richard C. Balough at the American Bar Association’s Cyberspace Law Committee Institute in San Francisco. Geolocational privacy involves the ability of mobile devices to second-by-second track the physical location of individuals. The question is whether […]
