Two decisions from last week have provided clarity – at least regarding which tribunal will first decide whether LabMD violated Section 5 – in the ongoing battle between the FTC and LabMD. In the first decision, the Eleventh Circuit refused to stay, pending appellate review, the FTC’s administrative action against LabMD. This decision came on […]
Litigation
California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies
Today, California Attorney General Kamala Harris released her long-anticipated guidance on privacy policies for companies collecting information from California residents in a report entitled Making Your Privacy Practices Public (the “Report”). While the Report exceeds existing law in many respects, affected companies should take heed to review the report and be familiar with its contents as it […]
U.S. Court Requires Microsoft to Produce Data Stored in Ireland Pursuant to SCA Search Warrant
On April 25, a federal magistrate judge ruled that Microsoft must disclose to U.S. federal investigators the contents of a customer’s email account stored outside of the United States. Microsoft had previously complied with portions of a search warrant seeking certain other information related to the targeted email account, but the company moved to quash the […]
New York Court Upholds Constitutionality of NSA Metadata Collection
On December 27, ruling in American Civil Liberties Union v Clapper, No. 13 Civ. 9334 (S.D.N.Y. Dec. 27, 2013), federal district Judge William H. Pauley III granted the government’s motion to dismiss a complaint brought by the ACLU challenging the constitutionality of the NSA’s bulk collection of telephone metadata. Telephone metadata consists of the record […]
NSA Collection of Metadata Ruled Unconstitutional
On December 16, Federal District Judge for the District of Columbia Richard Leon held the National Security Administration’s collection of telephone metadata to be an unconstitutional invasion of privacy under the Fourth Amendment. Previous challenges to governmental collection of telephone metadata have met with failure, and the ruling marks the first time a federal court […]