Marc Zwillinger was quoted in a recent Bloomberg Article discussing WikiLeaks fight to block the U.S. from reviewing Twitter account data based on an argument that the government’s demands violate their constitutional rights.  Zwillinger explained that the Fourth Amendment typically wouldn’t protect “transactional information” related to communications, such as dialed phone numbers or IP addresses. ...

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Happy Data Privacy Day!

January 28, 2011 | 0 Comments

January 28, 2011 is Data Privacy Day, an annual international celebration to raise awareness and generate discussion about data privacy. Over the past year, data privacy practices have been the subject of growing scrutiny by the press, Congress, the FTC and regulatory agencies in other countries, and, most importantly, consumers. As the FTC looks to...

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Congress Revisits Mandatory Data Retention

January 26, 2011 | 0 Comments

On January 25th, the House Judiciary Committee’s Crime Subcommittee held a hearing on the topic of mandatory data retention by service providers.  The Subcommittee chairman, Representative Sensenbrenner, who declared himself a fan of the “carrot and stick” approach, offered industry a “carrot” if they were willing to come together to develop voluntary standards for data...

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Marc Zwillinger will be a speaker at the Seventh Annual State of the Net Conference on January 18, 2011, for a breakout session entitled “DOJ Surveillance Blueprints:  A CALEAmity for the U.S. Technology Industry?” A full schedule for the Conference is below: Tuesday, January 18, 2011 7:30 am Main Conference: Registration & Continental Breakfast 8:30...

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On Saturday, President Obama signed the Red Flag Program Clarification Act of 2010, which limits the scope of businesses covered by the Red Flags Rule by narrowing the definition of “creditor” such that it “does not include a creditor that advances funds on behalf of a person for expenses incidental to a service provided by...

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The Sixth Circuit Court of Appeals issued a landmark opinion yesterday in the criminal appeal of U.S. v. Warshak, finding that individuals have a reasonable expectation of privacy in their email and that the Fourth Amendment protects email held by an Internet Service Provider.  In other words, “[t]he government may not compel a commercial ISP...

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A recent Cnet News article, “WikiLeaks Fans Should Think Before They Botnet,”  quoted Zwillinger Genetski attorney Jennifer Granick, on botnet denial of service attacks: “Participating in a botnet with the intention of shutting down a Web site violates the Computer Fraud and Abuse Act.  The thing people need to understand is that even if you...

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The Appellate Court of Illinois, Second District, recently issued an opinion in People v. Nesbitt, Case No. 08-CF-49, finding that the Illinois State Constitution provides a greater right to privacy in transactional records than the U.S. Constitution.  This holding may have serious implications for law enforcement, as it apparently limits the ability of law enforcement...

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On December 1, 2010, the FTC released its preliminary Staff Report titled, “Protecting Consumer Privacy in an Era of Rapid Change.” The report provides a brief overview of the FTC’s privacy regulation and enforcement efforts, discusses the main concepts and themes that emerged from the FTC’s series of privacy roundtables, and proposes a three-part privacy...

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The Wall Street Journal is reporting that Staffers for Senate Majority Leader Harry Reid have been circulating new legislation that would amend the 2006 Unlawful Internet Gambling Enforcement Act and provide for licensing of internet poker with consumer protections and strong regulatory oversight.  The legislation would overturn the ban on processing of online-gambling transactions by...

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