Defamation

Florida Second DCA: ShesAHomewrecker.com Case

Florida’s Second District Court of Appeal recently ruled in Melissa Leach v. Tara Michelle Kersey that, under case-specific facts, sending messages, Facebook friending, and posting about another person on She’s A HomeWrecker.com were not “cyberstalking” under Florida Statute 784.0485. Under the cyberstalking statute, there must be at least two incidents …

Ethics

Legal Ethics – Check Your iOS 8 Privacy Settings

Lawyers (and other professionals) have ethical obligations to reasonably know about the technology they use — and ensure that communications are confidential and protected. This article from the December 2014 Palm Beach Bar Journal explains a dozen privacy settings for your iPhone or iPad which should increase your security.

4th Amendment

NSA Mass Surveillance – How Secure Are Your Calls and Emails?

Special thanks to the Palm Beach Chamber of Commerce for hosting “NSA Mass Surveillance – How Secure Are Your Calls and Emails?“ If you would like to download a PDF of the presentation, it is here (also under “Materials, along the right column of this page).

Privacy

Tor Anonymizer for Lawyers

In the wake of the Snowden disclosures, lawyers and their clients are looking for ways to communicate, research, and generally use the internet without mass surveillance. This article from the April 2014 edition of the Palm Beach Bar Bulletin explains (a) Tor and its practical applications to use the internet …

Defamation

Are You a Victim of Revenge Porn?

Revenge porn may or may not be prosecuted in your state, depending upon how they were obtained, whether copyrights exist, and if a video voyeurism statute applies. The site WomenAgainstRevengePorn.com has some step-by-step hints to remove photos. If you have a copy of the nude picture, you can use Google’s …

Privacy

Webinar: Electronic Spying and Tracking Spouses in Divorce Cases: What’s Legal in the Digital World?

Come join us via the internet in a 1.5 hour webinar about spying, surveillance, GPS monitoring, keylogging, and other privacy invasions which occur in the context of divorce cases. While this is discussed in the context of divorces, these tips and techniques arise in our personal and professional lives, regardless …

E-discovery

Spying Spouses: Social Media & Divorce / Family Law

  Thanks to the Palm Beach County Bar Association’s Family Law CLE Committee for inviting me to speak at the “Spying Spouses” seminar today. The materials for my section on “Family Law Discovery: Social Media and E-Discovery” is here. We discussed: * mistakes that lawyers make in e-discovery and social …

Privacy

Google Using Your Photo in Ads? Turn Off “Shared Endorsements”

  New terms and conditions going into effect on November 11, 2013 for Google Plus members will permit Google to use your photo in ads. Here’s how to turn it off: The following is long but I’m assuming you haven’t used Google Plus since you signed up! 1.  Log into …

4th Amendment
628

A Tinfoil Hat Which Works: “Booster Bag” Is An Anti-Shoplifting Device Under Florida Statute

Make jokes about the paranoid and their tinfoil hats, but the “tinfoil bag” is the real-deal.  Until you stand right in front of the person you’re stealing from. Most retail stores, as you know, have security tower devices which detect when items with tags pass through the front door, sounding …

4th Amendment
452

Can the Government Compel Your Client to Decrypt a Hard Drive?

The Fourth  & Fifth Amendments and technology continue to collide as law enforcement seeks to compel defendants to unencrypt their computer harddrives.  Can they force your client to hand over the password? We discussed a similar issue in May about whether, under the Fourth Amendment, the Government could inspect the …

Privacy
460

Boston Bombing: Getting Your News From Internet vs. Television or Print

The recent bombing of the Boston Marathon lead to an unprecedented manhunt which shut down a city and drove a nation to watch the events unfold on live tv. But how “live” was it?   If you were to follow the news hashtags on twitter or listen to the police …

4th Amendment
3266

Can the Government Search Your iPhone or iPad at the US Border?

Can Border Patrol rummage through the contents of your digital camera, laptop, smartphones, etc at the border? Yes, according to several recent cases and a broad exception to the Fourth Amendment (search and seizure). Read “Can They Search Your iPad or iPhone at the Border?” from the May 2013 Palm …

Privacy
4674

Internet Safety for Parents & Students 2013

Last year we discussed, “there is no delete.”  This year we add to that: social media is not free; the price of admission is your personal information. A special thanks to Rosarian Academy for allowing me to speak to parents and students in separate sessions so parents can learn tips …

Evidence
4513

What the Patreaus Scandal Tells Us About Email Privacy

This article discusses the Patreaus affair from the standpoint of practical email privacy tips for lawyers, law firms, their clients, and families. A brief explanation is provided how emails (or even fake email addresses) are traceable with free software and what data exists on the person’s computer to show what …

Privacy
3696

Sniffing Unencrypted WiFi Does Not Violate Wiretap Act

A federal court in Illinois recently approved a party’s interception of user data on public WiFi systems at hotels, coffee shops, restaurants, supermarkets and other commercial outlets.  This practice, known as sniffing, involves someone with a laptop, a Riverbed AiPcap Nx packet capture adapter (or equivalent), and free Wireshark network …