PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Do Computer “Unlawful Access” Laws Exempt Improperly Accessing a Spouse’s Account?

Email - Improper Access

Do computer “unlawful access” laws exempt improperly accessing a spouse’s account?

Short answer: No.  This case got considerable media attention and outrage when it was first reported.  A man accessed his wife’s email without her consent.  They were separated.  He was charged with violating the Michigan’s computer unlawful access law, MCL 752.795, which is similar to the federal Computer Fraud and Abuse Act (CFAA).  Now a court of appeals has rejected the spouse’s argument.  From the Detroit Free Press:

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Two New Cases Regarding NSA Surveillance

NSA

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:

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New Record Possibly Set for Sending an Accidental Email

Wrongly Sent Email

The New York Times may have set a new record for sending an accidental email.  There are tales of email being sent outorganization-wide, but nothing on the scale of what the New York Times just did.  An email meant for 300 people was sent to 8 million.  Oops!

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Student Privacy in Peril: Massive Data Gathering With Inadequate Privacy and Security

In October, personal financial data — including social security numbers, loan repayment histories and bank-routing numbers – of thousands of college students was exposed on the Department of Education’s (ED) direct loan website. For seven minutes, anyone surfing the direct loan website could find personal information about students who had borrowed from the Department of Education.

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Should Teachers Be Banned from Communicating with Students Online?

Education Privacy

Increasingly, states and school districts are struggling over how to deal with teachers who communicate with students online via social network websites.  One foolish way to address the issue is via strict bans, such as a law passed in Missouri earlier this year that attempted to ban teachers from friending students on social network websites.  Such laws are likely violations of the First Amendment right to freedom of speech and association, and I blogged at the Huffington Post that the law was unconstitutional.  Soon thereafter, a court quickly struck down the law.

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