Transferring Your Digital Estate at Death

At the beginning of 2014, I call on software makers and Internet service providers to: provide to end users a simple and flexible way to import and export data from their service account (extreme data portability), and provide a simple process for a duly authorized survivor to authenticate and gain access to a decedent’s account […]

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Unencrypted Email Messages Still Acceptable for Attorney-Client Privileged Communications

It is good to be reminded that some things stay the same. In 1999, the American Bar Association issued Formal Opinion 99-413 and concluded that cell phones and unencrypted email messages are acceptable for attorney-client communications that include privileged information or advice. The opinion reasoned that a reasonable expectation of privacy attaches because interception of […]

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Strong Rights to Privacy in Washington

Tyler Clementi, was an eighteen year old Rutgers University freshman. He became distraught when he learned that his intimate encounter with another male student was streamed onto the Internet (probably only visible by 2 people – his roommate and his roommate’s girlfriend). Later, in response, he killed himself by jumping from a bridge. His death […]

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No Warrant Needed to Track Suspects by GPS in Ninth Circuit

On August 12, 2010, the 9th Circuit Court of Appeals denied a petition for rehearing of U.S. v. Pineda-Moreno by the entire panel. Thus, the original decision issued on January 11, 2010 stands. Previously, the three judge panel determined that it is not contrary to the Fourth Amendment of the U.S. Constitution for law enforcement authorities […]

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