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Reading about the law and information technology these days, you come across a remarkable number of stories describing and discussing IT and privacy. What is fascinating about many of the articles is what information or actions are considered to be “private.” Many judicial opinions, for example, concern law enforcement obtaining cell site location information (CSLI) from cell providers and other sources in order to track the movements of a subject of investigation (CSLI is discussed in greater detail and these opinions infra) and the privacy interests that prevent law enforcement from simply getting the data from providers or creating the data through its own tracking or interception of cell tower information. Other opinions and legal discussions concern what privacy interest a creator or recipient of a digital file (e.g., an email, a Word document) has in that file if it is stored by a third party, as is increasingly the case with cloud storage, particularly as it has come to be relied upon in the age of the pandemic. Still other legal discussions concern the privacy rights of persons whose movements (not spoken words) are captured by surveillance cameras: the single camera outside a building and controlled by the building’s resident or director; cameras in many, or every, room in the building; cameras installed and controlled by law enforcement that survey public streets and other public areas. There are many other contexts in which privacy interests in information accessed by, transmitted by or stored in IT are discussed.
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By David P. Saunders
Why Are Courts Breaking the Rules and What Are the Unintended Consequences?
A lesson learned by young lawyers everywhere is that internal, corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
By Maggie Burtoft
Human review of documents will continue to play a huge part in the ediscovery process. Managing reviewer training and accuracy can make or break the budget for your matter.
By Don Fuchs
Regardless of where each law firm currently stands in its innovation journey, it is crystal clear that the need to speed up the modernization of their technology solutions that facilitate connectivity, automation and workflow between their staff is real and immediate.
By Tim Dinsmore
We live with the reality that the once ordinary communication tool is now a potent device that needs to be used responsibly on the basis that there is a cybercriminal fraternity hell-bent on accessing said devices for ill-gotten gain.