Applying “Old” Laws to New Technology: Smartphones, Recordings, Privacy (at FAU)

1st Amendment

Special thanks to attorney / instructor Larry Buck for inviting me to speak to his Florida Atlantic University “Law in the Real World” honors class about my practice, particularly how we apply traditional laws to new, emerging technologies.

We discussed:

  • drone regulation
  • First Amendment and social media (US v. Hobgood, B.L. v. Mahanoy School District)
  • Invasion of Privacy
  • True Threats and Emoji cases
  • Social Media and Legal Ethics
  • Can You Access Someone Else’s Facebook Account? (Florida Computer Crime Act, F.S. 815.06; Mario Crapps v. Florida; Umohefer v. Florida)
  • One and Two Party Consent “Secret Recording” (F.S. 934.03; McDade v. Florida; Belle v. Florida; Florida v. Caraballo)
  • Fifth Amendment and Smartphone passcodes, Touch ID, and Face ID (In the Matter of the Search Warrant Application of ____ (IL); G.A.Q.L. v. Florida; Florida v. Stahl); and
  • Deep Fakes software

If you are interested, the Powerpoint is here.

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
Three Steps to Understanding Why Government Officials Cannot Block Users on Social Media (Knight First Amendment Institute et al. v. Donald J. Trump et al.)

There is some confusion about the recent Second Circuit opinion as to how, on a private social media platform, a government official, using a personal account, cannot block other users. The following three step process should lead just about everyone to understand the outcome. The case is Knight First Amendment …

Internet
When You See People Trying to Sue a Social Media Platform Because Their Account Was Suspended, It’s a Stunt (lessons of the CDA & Brittain v. Twitter)

A number of politicians, activists, and others who feel aggrieved after their Twitter, Facebook, Instagram, and/or YouTube content has been removed or their accounts suspended have taken to the courts to sue the social media platforms with claims that they are being singled out, muzzled, or their free speech is …