Redesigned Green Cards and Employment Authorization Documents Coming Soon

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 […]

Illinois federal court finds face-scan measurements derived from a photo qualify as biometric identifiers

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 […]

Public employees’ communications about public business are subject to disclosure under the Cal. Public Records Act even if employees use personal account, Cal. SC. holds

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, […]

House of Representatives voted to repeal FCC’s Broadband Privacy Rules

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 to vote today to repeal Internet Privacy Rules

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 […]

Compelling password production does not violate the Fifth Amendment

On March 20, 2017, the Third Circuit affirmed a ruling of contempt over an Appellant’s claimed inability to remember his drive-decryption passwords. The issue in appeal was whether the Government has the right to compel owners to cooperate in the decryption of digital devices after the Government seizes those devices pursuant to a valid search […]

ECJ holds dynamic IP addresses are personal data if additional information allowing user identification can reasonably be obtained from third parties

On October 19, 2016, the European Court of Justice (“ECJ”) presented its conclusions in Patrick Breyer v. Bundesrepublik Deutschland (case C‑582/14). According to the ECJ The dynamic internet protocol address of a visitor constitutes personal data, with respect to the operator of the website, if that operator has the legal means allowing it to identify […]