PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Snooping Landlords and the War on Terrorism

Snooping Landlords

In this interesting AP article [link no longer available], a man won an invasion of privacy lawsuit when his property manager searched his home and reported to the FBI that there were terrorist materials in the apartment. FBI officials detained, fingerprinted, and handcuffed the man, but eventually determined that the man wasn’t a terrorist:

Continue Reading

A Victory for Anonymous Blogging

Anonymity

Anonymous bloggers received a great victory this week in a case decided by the Delaware Supreme Court — Doe v. Cahill (Oct. 5, 2005). The case involved John Doe, who anonymously posted on a blog statements about Patrick Cahill, a City Councilman of Smyrna, Delaware. Doe, in criticizing Cahill’s job performance, noted that Cahill had “obvious mental deterioration” and was “paranoid.” Cahill sued Doe for defamation.

Continue Reading

Why Volokh Is Wrong on Public Records and the First Amendment

Public Records and Privacy

In an interesting and thoughtful post, Eugene Volokh (law, UCLA) takes issue with California’s Megan’s Law, Cal. Penal Code § 290.46(j), which places personal data about sex offenders on the Internet yet restricts the uses of this data. The law allows people to use the information “only to protect a person at risk.” It prohibits the use of the information for, among other things, purposes related to insurance, loans, credit, employment, benefits, and housing.

Continue Reading

The Pathology of Picking Supreme Court Justices

Supreme Court

The Supreme Court appointment process has become almost pathological . . . ironically, for rational reasons. The incentive is for presidents to select people who are: (1) young, so they have a reign on the Court that rivals Fidel Castro’s in length; and (2) obscure, so they have rarely taken any positions on any major issues. [Sadly, the future prospects for Supreme Court appointments for bloggers are not looking good.]

Continue Reading

California’s Tougher Anti-Paparazzi Law and the First Amendment

Paparazzi

Recently, Governor Arnold Schwarzenegger signed a law that toughened California’s Anti-Paparazzi Act, Cal. Civ. Code §1708.8. The original act was passed in 1998 in response to Princess Diana’s death, which was caused when her car was fleeing aggressive paparazzi.

Continue Reading

When Clacks Squawk: The New Keystroke Surveillance

Keyboard Tracking

You thought keyboard clacking was just annoying noise. Little did you know your clacking is broadcasting what you’re typing!

Berkeley researchers have developed a way to monitor your keystrokes without installing a device into your computer. Thus, far, keystrokes can be monitored via special software or other devices installed into people’s computers (either directly or via a virus or spyware). This new technique relies on the clacking of your keyboard. According to the AP [link no longer available]:

Continue Reading

The Grand Jury: Forcing People to Help Prosecutors and to Pay for It Too

 

Should private citizens be forced, against theGrand Juryir will, to subsidize and assist the state in its prosecutorial function?  This is basically what happens when people are summoned to testify before grand juries or are picked for grand jury duty.  I’ve previously written an extensive critique of the grand jury, with a focus on its subpoena powers.  An article today in the Washington Post describes the debilitating costs grand jury witnesses must often pay in attorneys’ fees:

Continue Reading

Fox News and Vigilante Justice Gone Bad

Fox News and Shaming

There have been some interesting discussions recently about people taking matters into their own hands and shaming others whom they witness committing crimes.  A while back, I wrote about the shaming of the dog poop girl, whose picture and personal information were placed on a website after she failed to clean up her dog’s poop on the subway.  Kaimi Wenger also had some interesting thoughts about the case here and here, as well as did Marcy Peek in a post about Internet vigilantism.  Just the other day, Brooks Holland writes about a case involving the shaming of a NYC subway flasher, where a woman caught a picture of him on her cell phone camera and posted it online.

Continue Reading