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.

5th Amendment
During a DUI Stop, Are Police Required to Tell the Driver that Her Lawyer is on the Phone? (Florida v. Alyssa Abache)

During an investigation of a car crash, police moved one driver away from others, advised her that he was conducting a criminal investigation, and read her Miranda warnings. He then requested that she perform field sobriety exercises. Before beginning, however, another person “held up a cell phone, stated that [the …

E-discovery
Privacy Guide for Your Apple iOS 15 Devices

Take 5 minutes to run through the settings on your iOS 15 (iPhone and iPad) security settings to ensure you are not leaking data. This article, originally published in the Palm Beach Bar Association Bulletin, explains the steps in a single page article so you can protect your devices and …

Defamation
What is the Proper Venue for an Alleged Defamatory Facebook Post in Florida? (James Lowery III v. Shane McBee)

A Martin County resident alleged posted a defamatory Facebook post which was read by a third party in neighboring Palm Beach County. Where is the proper venue? According to James Cullen Lowery, III v. Shane McBee, Florida’s Fourth District Court of Appeal held that “there was no“injury” to Plaintiff until …