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Privacy

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 …

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Ethics

Judge’s Guide to Social Media

The Fourth District Court of Appeal ruled yesterday that it was grounds for disqualification if a judge was Facebook-friends with the prosecutor.  In Pierre Domville v. State of Florida, a criminal defendant moved to disqualify Judge Andrew Siegel because the prosecutor was one of the judge’s friends on Facebook.  The …

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Uncategorized

FAA Is Considering New Rules Re: Use of Devices During Take-Off, Landing

The FAA is seeking comments about its current policy which airlines follow regarding passenger use of personal electronic devices.  Yes, that list that flight attendants rattle off (which surprisingly still includes “iPods” and “Gameboys”).  So apparently it is time for review and comment. The FAA’s call for comments is in …

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Uncategorized

Mandated E-Service for Florida Civil Filings as of September 1, 2012

The Florida Supreme Court has required e-service in Florida Civil cases by September 1.  The change-of-date order is here.  The underlying order is here. Confused?  Here’s sources of information so you can prepare your firm over the next month. The Florida Bar News had these relevant articles:  “Court Sets E-filing, …

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Ethics

Can a Law Firm Operate ONLY in the Cloud?

Can a lawyer operate a pure internet-only “virtual law firm” where counsel never speaks or meets with the client face-to-face? The California State Bar recently issued opinion 2012-184 saying that virtual law offices (“VLO’s”) are acceptable with some considerations. The hypothetical setting is that clients would sign up for transactional, …

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E-discovery

Lawyers in the Cloud

Considering using “cloud” storage for your law firm?  Or do you already use services like DropBox and GoogleDrive to transmit large attachments via email links?  Increasingly, lawyers like everyone else are moving towards the cloud.  Is it safe? What do you need to know before you commit?  If you already …

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Defamation

First Amendment / Defamation Case Discusses “Religious Internet Filtration Software”

The case of Darrel Bilbrey v. David Myers and First Pentecostal, Etc. from Florida’s Fifth DCA may be a significant case as to the “church autonomy doctrine” but also yielded a reference to an interesting internet tool:  faith-based internet monitoring. Here’s how this came up in a court opinion: the …

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iOS

iPhone & iPad Apps For Lawyers CLE

The Palm Beach County Bar Association presents a 2-hr lunch seminar, “iPhone & iPad Apps for Lawyers,” on Friday, June 15, 2012. Come learn tips about your device that you likely did not know. Better still, learn of over 60 unusual-but-not-obscure apps for lawyers.  We do not cover obvious apps like …

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Ethics

New York City Bar Opion 2012-2 – “Inadvertent” Social Media Contact May Violate Rules

The practice of using search engines and social media to research jurors has existed for several years (arising about the time we stopped using the phrase, “Web 2.0”).  In 2009, I wrote a “how to guide” explaining to lawyers how to use social media to research jurors — in a …

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Social Media

California Court Explains How to Get Facebook Content Without Violating SCA

In Juror Number One v. Superior Court of Sacramento County v. Royster et al., a juror reportedly entered upwards of 30 Facebook posts during trial.  Some were reportedly deleted.  The issue of juror misconduct was raised.  The trial court ordered that the juror execute a consent form “sufficient to satisfy …

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Social Media

New Rules for Juror Internet Use in Florida Criminal Cases

The Florida Supreme Court issued an opinion last Thursday approving new standard jury instruction 1.001 (Introduction) which, according to the Comment, deals with jurors’ “communication with other and outside research.” If there is any question as to the serious nature of juror internet use — either tweeting/Facebooking about service or …

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Trial

2012 Small Claims Court Clinic

Slightly off topic from Internet/legal issues, the Palm Beach Bar Association and the Palm Beach County Library, as part of the 2012 Law Week, hosted the 2012 Small Claims Court Clinic this week to assist the community by providing the in’s and out’s of court claims under $5000.  If you …

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E-discovery

Discovery of Facebook Content in Florida Cases

At least two Florida courts have issued orders permitting the discovery of Facebook content in civil actions (one is here).  This has been the subject of orders, appeals, and articles around the country. But how exactly do you pursue social media discovery (or, conversely, protect your client from it?). “Discovery …

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Privacy

Florida “Do Not Call” List — Now Free

Register your home and mobile phones with the Florida Dept of Agricultural and Consumer Services’ “Do Not Call” list to prevent sales call to your home and cell phones. Previously, there was a charge for this service.  In light of new legislation, registration is free and easy. First, go to http://www.fldnc.com/ …

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Evidence

Nevada Supreme Court Explains Admissibility Standards for IM / Text Messages

The criminal case of Kevin Rodriguez v. State of Nevada is one of three recent cases nationwide which discusses the admissibility of text messages in trial. In Rodriguez, a victim was attacked, robbed, and her cell phone was taken.  Thereafter, twelve text messages were sent from the victim’s phone.  The …

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