Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Fifth Amendment Does Not Extend To 'Digital Person'
An acrimonious marital breakup has been known to bring out the worst in some people. Those battles increasingly are fought on the technology field, thereby leaving courts to determine complex personal rights issues in the context of grown-ups behaving badly.
In another such case, Crocker C. v. Anne R., 2015 N.Y. Slip Op. 51365(U) (Sup. Ct. Kings Co. Sep. 18, 2015) , the Supreme Court of New York, Kings County, addressed whether the plaintiff husband's Fifth Amendment protections, afforded by the U.S. Constitution, shielded him from inquiry into his alleged use of spyware and other technologies to wrongfully access the defendant wife's privileged and confidential communications. In so doing, the court concluded that those constitutional protections did not extend to the plaintiff husband's “digital person.”'(The phrase 'digital person' may have several meanings and was not defined in the opinion. However, in the context of this case, it is likely that 'digital personal' was meant to denote the way that an Internet user is 'reconstituted in databases as a digital person composed of data,' which may not accurately reflect the individual. See, Solove, 'The Digital Person ' Technology and Privacy in the Information Age,' p. 49, NYU Press 2004, available at http://bit.ly/1jLMGhf.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.