Insanity, Drugs and the Family Code
September 27, 2006
Go to your favorite Internet search engine and run a search for 'stupid laws.' You will come up with thousands of hits for sites that report it is illegal to spit on the ground within 5 feet of another person and the like. Most of these 'laws' are probably just urban myths. However, the California Family Code (and in all probability the codes of most other states) does contain laws that should be looked at more carefully. Some of our statutes are in need of modernization. Others are poorly worded, and others just make no sense. We can and should expect more of our legislature.
<b>Online Exclusive:</b> Facebook's About-Face Shows Depth of Consumer Privacy Concerns
September 20, 2006
When the highly popular social networking Web site Facebook announced that it would implement an enhanced service that would automatically share information about its users with other users, the company thought that it its members would embrace the concept. But within days, a huge backlash induced the company to rescind its program and to rethink how it addresses a growing number of privacy issues.
The Federal Stored Communications Act: Third-Party Subpoena to E-mail Service Provider of Anonymous Party Ruled Invalid
September 18, 2006
Are electronic records maintained by an electronic communications service provider fair game for discovery in civil litigation? <i>In O'Grady v. The Superior Court of Santa Clara County (Apple Computer, Inc.)</i>, 139 Cal. App. 4th 1423, 44 Cal. Rptr. 3d 72 (Ct. App, 6th Dist. 2006), a California state appeals court quashed a civil subpoena seeking e-mail records from an e-mail service provider, citing provisions of the federal Stored Communications Act ('SCA'), 18 U.S.C. §§2701-2712, that prohibit service providers from disclosing the contents of stored electronic communications. The ruling is controversial because it appears to be the first time, in the 20 years since the enactment of the SCA in 1986, that a court has held that the Act prohibits civil litigants from obtaining discovery of electronic communications from providers of e-mail and other electronic communications services, even when a court has reviewed and approved the subpoena.
A National Data Breach Law Is Inevitable: Both Houses of Congress Are Considering Bills
September 18, 2006
On July 21, the Financial Data Protection Act (H.R. 3997) was reported out of the House Financial Services Committee. If passed, this act would impose a business-friendly, national standard for the protection of private consumer data, and notification of consumers in the event of a data-security breach. Although the House leadership sought a quick floor vote on the bill, fierce opposition from consumer groups forced the vote to be rescheduled until after the summer recess. Despite this delay, a number of factors seem to be converging that will make a national data-breach law inevitable.
Security Breaches: What You Need to Know About European Legislation
September 18, 2006
There are as yet no direct equivalents of the mandatory security breach reporting legislation we have seen in the United States, either at an EU level or within Europe itself. That is not to say there is no law on the reporting of breaches in Europe. While a number of countries have been looking at the increasing number of security breaches, in the main the response has been to use existing privacy legislation to take action.
Privacy Guidelines for RFID Information Systems
September 18, 2006
Radio frequency identifier ('RFID') tags are the next evolution in technology from barcodes. Containing micro-chips and tiny radio antennas that can be attached to products, RFID tags can transmit a unique identifying number to an electronic reader, which in turn links to a computer database where information about the item is stored. To manufacturers, suppliers, and retailers, RFID tags can be valuable tools in managing inventory, but for consumers they can also pose a potential risk to privacy if linked to personal information. RFID tags are becoming more prevalent in our everyday lives from security access cards to ignition immobilizers to highway toll systems and other electronic pass systems. Further, the ubiquitous presence of RFID tags for consumer-level items is rapidly approaching. From cans of shaving cream to sweaters, RFID tags may soon be found on almost every product as companies look to optimize their inventory control and supply chain management practices. However, for RFID technology to fully realize its potential for consumers, retailers, and suppliers, it is vital that privacy concerns be addressed in the design and implementation of this emerging technology.
<b>Online Exclusive:</b> Hewlett-Packard CEO Resigns over Possibly Illegal Investigation of Board Members, Reporters
September 13, 2006
The recent announcement that Patricia Dunn, CEO of Hewlett-Packard Co. ('HP'), will resign, effective January 2007, should remove any lingering doubt about the power of privacy issues to damage corporations and corporate executives. Dunn's resignation came little more than a week after HP noted in a Securities and Exchange Commission filing that investigators working for company executives had possibly used illegal means to identify which Board member was apparently providing information to news reporters. The investigators allegedly used pretexting ' pretending to be phone company customers ' to obtain phone records of reporters, which were then used to find out which HP Board member had contacted them.
<b>Online Exclusive:</b> Q&A with Guidance Software: Enhancing Data Tracking Capability Without Compromising Privacy
September 11, 2006
When London security officials cracked the airline terrorism case in August, they cited their ability to track online messages with forensic software as a critical component of the investigation. Forensic software, for many years a mainstay of law enforcement, is now finding wider application in electronic discovery and data protection for corporations and government agencies. In this Q&A with Guidance Software Vice Chairman and former CEO, John Patzakis, we explore the varied uses of forensic software and its implications for privacy.
<b>Online Exclusive:</b> FTC Files Complaint in U.S. District Court in California Against Software Seller
September 06, 2006
The Federal Trade Commission ('FTC') in August filed a complaint in U.S. District Court, Central District of California, against Digital Enterprises for illegally installing software on consumers' computers. According to the complaint, the software that Digital and numerous corporate affiliates developed would generate pop-up messages that stated that the consumer had registered for a trial membership to Movieland.com, an Internet movie service.
