The 9th Circuit has decided a pair of cases involving the NSA Surveillance Program. In Jewel v. NSA, the 9th Circuit concluded that plaintiffs had standing to raise constitutional challenges against NSA telephone surveillance:
Posts about Lawsuits by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
United States v. Jones and GPS Surveillance
The Supreme Court has long held that there is no expectation of privacy in public for the purposes of the Fourth Amendment. Because the Fourth Amendment turns on the existence of a reasonable expectation of privacy, the Court’s logic means that the Fourth Amendment provides no protection to surveillance in public. In United States v. Jones, the […]
New Details in the Tyler Clementi Cyberbullying Case
There are some new details emerging in the Tyler Clementi cyberbullying case at Rutgers. The case involves freshmen at Rutgers University. Dharun Ravi used a webcam to film and broadcast online an intimate encounter between his roommate Tyler Clementi and another man.
Off-Campus Cyberbullying and the First Amendment
The U.S. Court of Appeals for the Fourth Circuit recently upheld a school’s discipline of a student for engaging in off-campus cyberbullying of another student. In Kowalski v. Berkeley County Schools, — F.3d — (4th Cir. July 27, 2011), a student (Kara Kowalski) created a MySpace profile called “S.A.S.H.,” which she said was short for […]
When Can Public Schools Discipline Students for Off-Campus Speech?
I’ve been spending a lot of time lately focusing on privacy issues at schools. I find these issues fascinating, and I have been working on them in the trenches, as I created a company last year to provide tools and resources to schools to help them better address privacy problems and to develop a comprehensive […]
The Slow Demise of Defamation and the Privacy Torts
The ABA Journal reports [link no longer available] that the number of libel suits has been steadily dropping in the United States:
The Clementi Suicide and Invasion of Privacy
The media has been reporting on the tragic suicide of Tyler Clementi, a student at Rutgers University. From CNN:
Are People Really Harmed By a Data Breach?
“It’s just a flesh wound.” — Monty Python and the Holy Grail Over at Privacy & Security Source, Andrew Serwin, a leading privacy lawyer and author of an excellent treatise on privacy law, has a very thoughtful and informative post [link no longer available] about cases where courts found no harm to individuals by data […]
City of Ontario v. Quon: The Rights of Other Parties to the Communication
I blogged about City of Ontario v. Quon a few days ago, and I want to raise another important issue in the case, one my colleague Orin Kerr has astutely pointed out. The case is on appeal to the U.S. Supreme from the 9th Circuit: Quon v. Arch Wireless Operating Co., Inc., 529 F.3d 892 […]
The U.S. Supreme Court and Privacy Law
I can’t help but note that there are quite a few cases on the U.S. Supreme Court calendar involving privacy law: