Recent Posts

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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Marc Zwillinger & Christian Genetski, Criminal Discovery of Internet Communications Under the Stored Communications Act: It’s Not a Level Playing Field, 97 J. of Crim. L. & Criminology 569 (2007)...

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Marc Zwillinger testified before the Senate Judiciary Subcommittee of Crime and Drugs during a hearing on “video laptop surveillance” urging caution with any law change that would make all silent video communications subject to Wiretap Act rules–as such a change could criminalize surveillance that helps keep children safe.  School laptop spy case prompts Wiretap Act rethink....

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Coalition Pushes Rewrite of Privacy Law

Mar 29, 2010 by ZwillGen

 Marc Zwillinger comments on the need for ECPA reform, noting that the current law penalizes users of cloud computing services by providing less privacy protection for data stored in the cloud than data stored locally.  Coalition pushes rewrite of online privacy law. Cnet.com, March 29, 2010....

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Marc Zwillinger moderated a panel that included Jim Dempsey, Vice President of the CDT, and Jen Mardosz, Vice President, Business & Legal Affairs, Myspace, to discuss the problems in applying ECPA to Social Networking websites and proposals for reform.  Proposed Changes to the Electronic Communications Privacy Act, What Lies Ahead for User Data and Internet 2.0, an...

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Marc Zwillinger weighs in on Law Enforcement’s undercover use of social networks.  See Break the law and your new ‘friend’ may be the FBI, Associated Press, March 16, 2010....

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