Paul M. Schwartz, Symposium: Privacy and Technology: The E.U.-US Privacy Collision: A Turn to Institutions and Procedures, 126 Harv. L. Rev. 1966 (2013)

Conclusion of the Article: “New conflicts in information privacy loom ahead for the US and the EU due to the Proposed Data Protection Regulation of the EU. This document, which creates directly binding law for all EU Member States, alters the current equilibrium achieved under the Data Protection Directive of 1995. The Directive stimulated a […]

Peter Swire, Yianni Lagos, Why the Right to Data Portability Likely Reduces Consumer Welfare: Antitrust and Privacy Critique

72 Maryland Law Review 335 (2013) Ohio State Public Law Working Paper 204 Abstract In its draft Data Protection Regulation, the European Union has announced a major new economic and human right – the right to data portability (‘RDP’). The basic idea of the RDP is that an individual would be able to transfer his […]

Giacchetto v. Patchogue-Medford Union Free Sch. Dist., 293 F.R.D. 112 (E.D.N.Y. 2013)

In this disability discrimination case, the defendant filed a motion to compel the plaintiff to release records from her social media accounts. Defendant’s motion to compel is limited to three categories of information: (1) postings about Plaintiff’s emotional and psychological well-being; (2) postings about Plaintiff’s physical damages; and (3) any accounts of the events alleged […]

John M. Barkett, Ethical Challenges on the Horizon: Confidentiality, Competence and Cloud Computing

From the ABA Section of Litigation 2013 Annual Conference   Conclusion: “The message of these ethics opinions is clear: lawyers and law firms can engage third-party vendors in the cloud to store confidential information but they must do so competently with adequate supervision and implement reasonable steps to protect the confidentiality of the data. When […]

Virginia Bar Association, Legal Ethics Opinion 1872

Ethics Committee Topic: Virtual Law Office, cloud computing From the Opinion: “This opinion is an examination of the ethical issues involved in a lawyer or firm’s use of a virtual law office, including cloud computing, and/or executive office suites. These issues include marketing, supervision of lawyers and nonlawyers in the firm, and competence and confidentiality when […]

New Hampshire Bar Association Opinion #2012-13/4

New Hampshire Bar Association’s Ethics Committee  (submitted for publication by the NHBA Board of Governors at its February 21, 2013 meeting) Topic: The Use of Cloud Computing in the Practice of Law Summary of the Committee: “The internet has changed the practice of law in many ways, including how data is stored and accessed. ‘Cloud […]

David Gray, Danielle Keats Citron, A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy

14 North Carolina Journal of Law and Technology 381 (2013) Abstract: “On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately […]