Recent Posts

Founding Partner, Christian Genetski will be speaking at the 7th Annual E-Commerce Best Practices Conference today, where he will be discussing the best practices for responding to subpoenas for Web 2.0 Companies.  Specifically, he will be addressing: Best Practices in responding to subpoenas and search and seizure orders Applying the ECPA to cloud computing John...

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Yesterday, the Supreme Court handed down its much anticipated opinion in City of Ontario, California v. Quon, No. 08-1332 (June 17, 2010). The opinion, however, provides little guidance as to whether individuals have a reasonable expectation of privacy in their text messages....

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In a recent decision, the Fourth Circuit ruled that a user cannot raise Fourth Amendment objections to disclosure to the Government when an Internet Service Provider complies with the mandatory reporting requirement in 42 U.S.C. § 13032. The Fourth Circuit found that the ISP was not acting as an instrument or agency of the...

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On June 10, 2010, Senators Joseph Lieberman (D-CT), Susan Collins (R-ME), and Thomas Carper (D-DE) introduced a new bill aimed at strengthening the country’s cybersecurity capabilities. The bill, titled, “The Protecting Cyberspace as a National Asset Act of 2010,” (S. 3480) would create an Office of Cyber Policy in the Executive Office of the...

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Today, the FTC has issued an announcement that at the request of several members of Congress, it will be further delaying enforcement of the Identity Theft Red Flags Rule until December 31, 2010.  However, the Commission did note that if Congress is able to pass legislation prior to December 31, 2010 that resolves the outstanding questions...

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Marc Zwillinger was quoted extensively by Amy E. Bivins in the BNA Electronic Commerce & Law Report, with regard to the uncertainty faced by ISPs and other companies as they attempt to navigate ECPA and its application to material hosted on their systems, especially through cloud computing and social networking services.  See Recent Lawsuit Shows Challenges in Applying Warrant...

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