Using iPhone Location Data in Discovery

Remember the “news” that our smartphones are tracking user locations and storing them in files on the phone?  

This article discusses how the iPhone accumulates and stores location data — and how it can be obtained by lawyers in civil cases.

Originally published in the Trial Advocate Quarterly, Volume 30, Number 3, Summer 2011.  Download Using iPhone Location Data in Discovery.

Privacy
Florida Wiretap Act — Reasonable Expectation of Privacy in Someone Else’s House? (Smiley v. Florida)

Corey Smiley was at someone else’s home with an invitation when the discussion turned argumentative, and the other person “began recording the argument on her cell phone… position[ing] the phone in front of Smiley’s face… Smiley questions her about the recording and grabs the phone…” He later was arrested and …

1st Amendment
“Valid Grounds for Employment Action” Deemed Not Enough for Stalking Injunction under F.S. 784.048 (Klenk v. Ransom)

Florida’s First District Court of Appeal held today that a respondent’s behavior may be enough for an “employment action” (presumably, for termination due to sexual harassment) but, in this case, was not enough for the “exacting standard” for an injunction against stalking under Florida Statute 748.048. The case is Joseph …

Data Breach
Is Your PC Keeping Your Information Private? Take This 10-Question Quiz

A law firm was behind that largest hack in history. How safe is your desktop or laptop PC? For both home and work, this article presents 10 questions in a quiz format about your security and privacy practices. The article also includes the steps how to find the answers — …