PRIVACY + SECURITY BLOG

News, Developments, and Insights

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The Potentially Profound Implications of United States v. Jones

Location Tracking GPS

I must respectfully disagree with a recent post by Renee Hutchins on our blog [link no longer available] about the recent U.S. Supreme Court case, United States v. Jones. She concludes:

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The Demi Moore 911 Call: A Breach of Medical Confidentiality?

Privacy of Emergency 911 Call Demi Moore

I’ve written before on the issue of whether 911 calls should be public [link no longer available]. The recent release of the Demi Moore 911 call raises the issues once again. From CBS News:

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Privacy Torts in Canada and the International Convergence of Privacy Law

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In a recent case, the Court of Appeal for Ontario, Canada recognized the privacy torts that are widely-recognized in the United States.  Many foreign common law jurisdictions, including the United Kingdom and other countries, have steadfastly refused to recognize the privacy torts spawned by the 1890 law review article by Samuel Warren and Louis Brandeis, The Right to Privacy,  4 Harv. L. Rev. 193 (1890).  These torts – intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of name or likeness – are known collectively as “invasion of privacy.”  In the case of Jones v. Tsige, 2012 ONCA 42 (Jan. 18, 2012), the Court of Appeal for Ontario finally recognized the US privacy tort of intrusion upon seclusion – intentionally intruding upon a person’s seclusion or solitude, or into his private affairs.

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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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