The Stored Communication Act (SCA), codified at 18 U.S.C. Chapter 121 §§ 2701–2712 is a law that addresses voluntary and compelled disclosure of “stored wire and electronic communications and transactional records” held by third-party internet service providers (ISPs). Below a list of the relevant sections 2701 – Unlawful access to stored communications 2702 – Voluntary […]
On July 21, 2017, New Jersey adopted the “Personal Information and Privacy Protection Act.” According to the law, retailers may scan an ID card only under certain circumstances. By “scanning” the law means to access the barcode or any other machine-readable section of the card “with an electronic device capable of deciphering, in an electronically […]
On April 4, 2017, New York Court of Appeals ruled that it does not have authority to hear Facebook’s appeals against motions to quash search warrants issued under the Stored Communications Act (SCA). By way of background. Facebook appealed a September 17, 2013 New York County trial court’s sealed order containing bulk SCA search warrants directing […]
The Second Circuit affirmed the dismissal of a data breach class action for failing to sufficiently allege an injury to support standing. By way of background. Plaintiff made purchases via credit card at a Michaels store. Later on, Michaels issued a press release saying that there had been a possible data breach of its […]
The National Conference of State Legislatures collected all state laws regulating unsolicited electronic mail advertising. You can find it at this web page For more information on commercial or fraudulent electronic mail, Francesca Giannoni-Crystal Follow us on& Like us on
On April 19, 2017, U.S. Citizenship and Immigration Services (USCIS) announced a redesign to the Permanent Resident Card (Green Card) and the Employment Authorization Document (EAD). USCIS will issue the new cards starting on May 1, 2017. The change is part of the Next Generation Secure Identification Document Project designed to enhanced graphics and fraud-resistant […]
On February 27, 2017, an Illinois federal court denied Google’s motion to dismiss a claim alleging that Google handles images in violation of the Illinois 2008 Biometric Information Privacy Act (BIPA). In a (putative) class action against Google Photos, plaintiffs alleged that the service collects, stores and uses- without informed consent and in violation of BIPA – the […]
On March 2, 2017, the California Supreme Court held that the electronic communications of a public employee about the conduct of public business may be subject to disclosure under the California Public Records Act (“CPRA”) even if the employee used a personal account. The court considered how the law, originally designed to cover paper documents, […]
On March 28, 2017, the US House of Representatives approved 215 to 205 a joint resolution to repeal the order “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (“Order”) published on November 2016. See here. The joint resolution (S.J.RES34) passed by the US Senate and the House of Representatives disapproves the Order submitted […]
The House is voting today on a bill to repeal Obama Administration’s internet privacy rules. The Senate already voted last Thursday (March 23, 2017) to repeal those rules. The rules that protect consumers’ online activity (Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (81 Fed. Reg. 87274 (December 2, 2016) were passed last year […]