Search and Seizures - interception of communication: US

For the US, but to which extent it applies elsewhere?

Judge Says DHS Can't Hang Onto Travelers Laptops To Search Much Later Without A Warrant (TechDirt 11 June 2010)

Police And Courts Regularly Abusing Wiretapping Laws To Arrest People For Filming Cops Misbehaving In Public Places (TechDirt, 04 June 2010)

Court Says Border Patrol Can Take Your Laptop For Off-Site Search If They Have Reasonable Suspicion (TechDirt, 03 June 2010)

Privacy infringement

The two infringements make you wonder what non-famous companies do and how they are controlled:

Google Admits It Was Accidentally Collecting Some Open WiFi DataData (TechDirt, 14 May 2010)
EU watchdog slams Facebook privacy settings (Euractiv, 14 May 2010)

and new challenges ahead...

Does Storing Your Documents In 'The Cloud' Mean The Gov't Has Easier Access To It? (TechDirt, 5 May 2010)

Obviously the question is a matter of sensibility as the US tend to be less concerned than Europe.
Draft Of Privacy Bill Introduced... And Pretty Much Everyone Hates It (TechDirt, 5th May 2010)

Copyrights

Just a few additional links about posts published earlier on:

"Copyright A Priority For The DOJ; But Identity Fraud Has Fallen Off The List" (TechDirt, 8 April 2010)

which contrats with the EU Parliament's perception: Parliament threatens court action on anti-piracy treaty (Euractiv, 10 March 2010)

and the side effects of wanting more inforcement in non-democratic countries: "Careful What You Wish For: Greater IP Enforcement In China Being Used Against Foreign Companies..." (TechDirt, 8 April 2010)

Interpretation of traditional offences

Three scenari demonstrating how the internet affects the interpretation of criminal law

Sexting: no child porn for the US courts
"Court Rejects PA DAs Attempt To Charge Teens For Sexting Themselves", TechDirt, 18 March 2010 - The court is right in legal terms. The child porn offence was meant to protect children against others (and adults) rather than against themselves (and their peers). But morally and practically, it is not satisfying. The DA could have used the money spent in prosecuting differently? I think this is one of the offences most deeply affected by our ways of consuming the new technologies

"California Court Says Online Bullying Is Not Protected Free Speech" TechDirt, 19 March 2010. Decision justified as long as the "bullying" fits the definition of harassment; calling somebody a jerk without a pattern of abuse is no harassment.


"ACS:Law Now Using Dubious Legal Theories To Threaten Slyck.com", TechDirt, 22 March 2010. It is not so much the headline that interests me than the details of the article: NY has passed a legislation to avoid forum shopping in liber law. In effect, libel decisions from foreign jurisdiction are unenforceable on its territory. This destroys the idea that one can be liable from anything published on the web by any jurisdiction; indeed, a condemnation can only be enforced if the country of residence accepts the enforcement! Remains the issue of the trial by abstentia and the difficulties the person may have to travel to the country who took the original decision as traditionally, stepping on one's territory is to accept its jurisdiction. So the ban is enforced differently!

But for no change in the law, just change in illegal methods to act: "Disgruntled Ex-Auto Dealer Employee Hacks Computer System To Disable Over 100 Cars" TechDirt, 18 March 2010

"Supreme Court Says No Cameras In The Courtroom" (TechDirt 14 January 2010)

Privacy, piracy, copyrights and censorship

The theme of the week seems to turn around protecting privacy.

"Hacking Surpassing Human Error For Data Breaches?" (TechDirt, 19 January 2010). For the author, the answer is actually positive: hacking is a major threat, more that insiders leaking data.

In the fight against piracy, will privacy be waived? "Swedish ISP Refuses To Give Up Info; Says IPRED Violates EU Privacy Rules" (TechDirt, 18 January 2010)

"The Similarity Between ACTA And Chinese Internet Censorship" (TechDirt, 20 January 2010) in that both requires strong involvement from ISPs. I also think that both infringed on privacy. But the issue of ISPs involvement is also close to more traditional searches and seizures: "Once Again, FBI Caught Breaking The Law In Gathering Phone Call Info; But Real Issue Is Why Telcos Let Them" (TechDirt, 19 January 2010)

Obviously, all this debate supposes there is such thing as privacy about data online. Hence the issue about cloud computing and expectations of privacy. "Do You Have Any Legal Right To Privacy For Information Stored Online?" (TechDirt, 19 January 2010) THe US have actually articulated that notion of expectation of privacy, even though the answer is not satisfactory: it is not because it is online that there is no expectation of privacy. It all depends on where and what was intended to be done with the data.

France Considers 'Right To Forget' Law, Apparently Not Realizing The Internet Never Forgets (TechDirt, 8 January 2010)

Impartiality of judges

I found it a bit extreme to forbid the use of facebook. It is even hypocrite when one knows that judges and practitionners know each other quite well in real life, especially in the US and the UK where solicitors and barristers later become judges. The essential matter should be to ensure that facebook is not used to communicate on the case involving all sides.

"Florida Says Judges Can't Even Be Facebook Friends With Lawyers" (TechDirt, 11 December 2009)

Different issues on fraud and malware and a few arrests/suspicions

Well, I would have thought they were an obvious target? "Online bank fraud targeting corporate accounts" (ZDnet.co.uk, 04 November 2009)

"Facebook denies mass hijack was down to flaw" (ZDnet.co.uk, 11 November 2009) but a few weeks later, decides to change its approach to security as company policy! "Facebook forms safety advisory board" (07 December 2009)

I think here Google is over optimistic. Actually data security and privacy is the very reason why I choose not to use the different services available, despite the fact that it would have made my life much easier. "Google: Data is more secure in the cloud" (ZDnet.co.uk, 03 November 2009)

"UK police make Zeus Trojan arrests" (ZDnet. co.uk, 19 November 2009)
"Former YouSendIt chief accused of DoS attack" (ZDnet.co.uk, 02 November 2009)

Surveillance

"US gov't agencies sued over Facebook surveillance" (ZDnet.co.uk, 02 December 2009) Different watchdogs decided to ask the US federal government for their guidelines in how they use social networks to monitor citizens' behaviours.

A similar policy would not be amiss in the UK given the new UK cybersecurity Centre and the complete inadequacy of the RIPA to protect citizens' privacy from interference by whichever government agencies "Government curbs councils' Ripa powers" (ZDnet.co.uk, 04 November 2009)

"UK cybersecurity centre starting operations in March" (ZDnet.co.uk, 13 November 2009)

and the more general view of Thomas Berners-Lee "Web under threat from 'snooping' authorities" (Euractiv, 04 December 2010)

Google blocking account

Quite an extreme measure for misplaced 'post', even if ordered by a court. I am unsure we would have acted identically had post mail been used. I don't see a court order for a citizen not to receive his mail until further notice. Is it because of the ease with which one can block e-mail accounts that we resort to such extreme measures?

Google deactivates Gmail account after bank error (ZDnet.co.uk, 29 September 2009)

IT expertise for law enforcement

Police hunt down IT forensics expertise (ZDnet.co.uk, 02 october 2009) the Metropolitan police puts £32 millions aside to buy IT equipments...

And the US Governement is looking for 10000 IT experts US on hunt for 1,000 cybersecurity experts (ZDnet.co.uk, 05 October 2009)

And the new Centre for Secure Information Technologies (CSIT), has been opened at Queen's University Belfast (ZDnet.co.uk, 24 september 2009)

hacking in the US

Three indicted in largest-ever US hacking prosecution (ZDnet.co.uk, 18 August 2009)

with one of them pleading guilty to ID theft

Hacker pleads guilty to ID thefts worth millions (ZDnet.co.uk, 2009)