One Year After Snowden: How Safe Are Your Calls and Emails?

Back in April 2014, I spoke to the Palm Beach Chamber of Commerce about the security of emails and phone communications in the business world (materials are here).large_woman_tin_foil_hat

This article, “One Year After Snowden: How Safe Are Your Calls and Emails?,” summarizes the key Snowden disclosures over the last year and provides some “best practices” for lawyers and business people.

Originally published in the July/August Palm Beach County Bar Association’s Bulletin.

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
U.S. v. Yujing Zhang — April 8, 2019 Filing of Passport, Articles, Receipt, Ad for Mar A Lago event

The unusual case of U.S. v. Yujing Zhang continues in the federal courthouse in West Palm Beach, Florida. On the same day as a well-covered April 8 pre-trial detention hearing, the Defendant filed a number of documents: Two (?) passports and a visa; Receipt; Article (translated): “Trump said he is …

4th Amendment
Can A State Search Cellphone of Person on Probation Without Warrant or Probable Cause? (Florida v. Mark Leroy Phillips, Sr.)

Florida’s Fifth District Court of Appeal considered the question whether, under the Fourth Amendment, the State of Florida could search the cellphone of a man on probation for child abuse convictions (and who was a registered sex offender) when there was no warrant or reasonable suspicion. The court, in Florida …