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.

Data Breach
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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 …

1st Amendment
Is a Demand for an Apology = Extortion? (Social Media & First Amendment:U.S. v. Hobgood)

In the song, “Hello,” Adele sings as a jilted lover, calling “a thousand times… to tell you I’m sorry.” It became a hit song in 2015. Contrast that with the facts of U.S. v. Hobgood, out of the Eighth Circuit, where the defendant had a brief romantic relationship with “KB,” …