Privilege not waived for material obtained from seized computer bought at public auction if proper precautions were taken

In Kyko Global Inc. v. Prithvi Info. Solutions Ltd., the court addressed the question of whether defendants waived their attorney-client privilege following the sale of a seized computer at public auction. Kyko Global Inc. v. Prithvi Info. Solutions Ltd., No. C13-1034 MJP, 2014 WL 2694236 (W.D. Wash. June 13, 2014) Under Washington law, the court […]

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Susan Freiwald, Light in the Darkness: how the LEATPR Standards Guide Legislators in Regulating Law Enforcement Access to Cell Site Location Records

66 Oklahoma Law Review 875 (2014) Abstract: “This article measures the new ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (LEATPR Standards) success by assessing the guidance they provide legislators interested in updating pertinent law regarding one specific type of data. Scholars should not expect the Standards to yield the same […]

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European Commission Decision 2000/520/EG

Commission Decision of 26 July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the safe harbor privacy principles and related frequently asked questions issued by the US Department of Commerce From the Decision: “For the purposes of Article 25(2) of Directive 95/46/EC, […]

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Federal Trade Commission, Protecting Consumer Privacy in an Era of Rapid Change, Recommendations for Businesses and Policymakers

From the FTC report executive summary: “Based upon its analysis of the comments filed on the proposed privacy framework, as well as commercial and technological developments, the Commission is issuing this final Report. The final framework is intended to articulate best practices for companies that collect and use consumer data. These best practices can be […]

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Katie Kindelan, Will Europe’s Online Privacy Laws Jump the Pond to the US?

The author discusses the statement made by the EU justice commissioner, Viviane Reding, according to which Social media sites like Facebook and Google even if based in the United States must comply with the stricter online privacy and data-protection rules being planned for the European Union when they have a presence in Europe. The full […]

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Vermont Bar Association Advisory Opinion 2010-6

Vermont Bar Association Professional Responsibility Section Digest: “Vermont attorneys can utilize Software as a Service in connection with confidential client information, property, and communications, including for storage, processing, transmission, and calendaring of such materials, as long as they take reasonable precautions to protect the confidentiality of and to ensure access to these materials.” From the […]

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European Commission Decision C(2010)

Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council   From the Decision: “The scope of this Decision should be limited to establishing that the clauses which it sets out may be used by a […]

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Department of Homeland Security, Guide to Implementing Privacy

Purpose of the Guide to Implementing Privacy: “The purpose of the Department of Homeland Security (DHS or Department) Privacy Office Guide to Implementing Privacy (Guide) is to inform the Department, other federal agencies, and the public about how the DHS Privacy Office implements privacy at DHS. The Guide provides an overview of the DHS Privacy […]

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