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 — …

1st Amendment

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

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, …

Privacy

Don’t Let LinkedIn Follow You Around the Internet (and other privacy settings)

Have you checked your LinkedIn privacy settings? Don’t be fooled with a “I barely even used LinkedIn” attitude. Take 2 minutes. From the article below, here are the key steps: [easier if you have two screens, keep this open and then open your LinkedIn account on your second screen] 1. …

Data Breach

Want to Try Anonymity on the Internet or the Dark Web? New Tor Browser 8 is here… and free

The Tor browser, which helps anonymize your internetting, has been updated to version 8.  It’s free and worth having on your desktop. First, these steps simple install a secondary browser on your computer.  No spyware.  It’s not illegal.  It’s just a simple browser. Download it here.  It will ask you …

Privacy

Reddit Automatically Opts You In to Ads & Tracking — Here’s the Privacy Setting Changes to Make Now

While Reddit users tend to be savvy internetters, few of you have likely bothered to check Reddit’s privacy / personalization settings. You need to. Log into Reddit on your PC/Mac, click your user name in the upper right, and select user settings. Note: you cannot make these changes from the …

Data Breach

Protect the Privacy of Your iOS Devices – Palm Beach Bar Association July 2018

The U.S. Supreme Court recently noted, in Carpenter v. US, that Americans “compulsively carry cell phones with them at all times.” For those with iPhones and iPads, have you spent time in Settings protecting your private information? This article from the Palm Beach Bar Association Bulletin, explains ten different ways …

Privacy

Application of Law to Emerging Technology (at Florida Atlantic University)

Thanks to Professor Larry Buck for inviting me to speak to his Law in the Real World class  at FAU about the Application of Law to Emerging Technology. We discussed several cases and scenarios where lawyers and judges are called upon to apply longstanding legal principles to emerging technologies, such …

4th Amendment

Can You Record Someone in Florida?

The question of whether you can record someone’s conversation in Florida arises frequently.  The answer lies first in a statute and second on the individual circumstances.  As a general rule, secretly recording someone in Florida is not going to lead to admissible evidence and could get the person who did …

4th Amendment

What Does Texas Shooting Case Tell Us About Subpoenas / Warrants for iPhone & iCloud Information?

  On November 5, 2017, 26-year old Devin Patrick Kelley allegedly shot and killed 26 people at the First Baptist Church in Sutherland Springs, Texas.  Mr. Kelley’s body was reportedly recovered from a Ford Expedition; he was found deceased from a single bullet wound (entering above right ear and exiting …

Conspiracy

Edward Snowden: Humorous & Shocking Findings from the [Partially Redacted] House “HPSCI” Report

The House Permanent Select Committee on Intelligence (HPSCI) released in December 2016 a partially-redacted copy of its September 15, 2016 report on its, “Review of the Unauthorized Disclosures of Former National Security Agency Contractor Edward Snowden” (“House Report”). The House Report describes Snowden in the same tenor and tone that the …

Data Breach

“Don’t Connect Your Phone to Rental Car” mentioned on CBS-Detroit Newsradio 850 Feldman Report

My article, “Don’t Connect Your Phone to Rental Cars” explained how rental cars (and your leased car!) can collect data from your smartphone which creates a vulnerability when the next driver takes the car. The original post was a Business Advocate post at McDonald Hopkins.com, here.  It was also cross-posted …

Constitutional Law

Mildly Serious Analysis of Ted Cruz and the “Dildo Case”

You may have heard, in the last week, a story involving Ted Cruz, when he was solicitor general for Texas, defending an anti-“obscene devices” statute (more blithely referred to as the “anti-dildo” law). The case is Reliable Consultants, Inv. d/b/a Dreamer’s and Le Rouge Boutique / PHE, Inc. d/b/a Adam …

1st Amendment

Christopher Hopkins “Anatomy of an Internet Defamation Case” at University of Miami Law School

I am pleased to discuss “Anatomy of an Internet Defamation Case” with Professor Jan Jacobowitz‘s Social Media & the Law class at the University of Miami Law School. In this presentation, we briefly discuss Elonis v. United States and we analyze the claims, defenses, and potential strategies of a pending …