The Eleventh Circuit ruled on June 11 that cell site location information—which can reveal the location of a cell phone user, based on his proximity to cell phone towers—is protected by the Fourth Amendment and can only be obtained with a warrant. That ruling sets the stage for continued battles over Fourth Amendment protections for location data, an area that has come under increasing scrutiny amid calls for Congress to update the 1986 law governing the protection of electronic information.In United States v. Davis, the Eleventh Circuit held that the defendant’s Fourth Amendment rights were violated when the government obtained a court order for his cell site location information under 18 U.S.C. § 2703(d) of the Stored Communications Act, rather than pursuant to a search and seizure warrant. While warrants require the government to establish probable cause that the information sought will yield evidence of a crime, the government may obtain a … [Read more...] about Eleventh Circuit: Warrant Required to Obtain Cell Site Location Information
Merge 3 cells excel without losing data
Proposed changes to the Equal Employment Opportunity Commission’s EEO-1 report would have employers with at least 100 employees submitting all employees’ W-2 earnings data and actual hours worked beginning with the 2017 EEO-1 reporting cycle.According to the EEOC’s proposal, the Commission and the Office of Federal Contract Compliance Programs (OFCCP) would have access to the data for pay discrimination enforcement purposes (including for targeted investigations).In recent years, at the President’s direction, the EEOC and OFCCP have sought to develop a robust pay reporting tool to help them target gender “pay gap” investigations. This proposal is the culmination of that effort and, if approved, would mean major changes for employers. For the first time, the EEOC and OFCCP would have nationwide, wide-ranging employee pay data, allowing the agencies to effectively target employers for systemic pay discrimination investigations.The proposal would … [Read more...] about Equal Employment Opportunity Commission Proposes to Collect Pay Data from Employers
Professor Neuman is the director of the Center for Computer Systems Security at the University of Southern California. He submitted this editorial.Apple has been asked to assist the government in obtaining access to data on the phone of Syed Farook‘s, one of the San Bernardino shooters. Apple has declined to provide assistance, claiming that complying with the request would put the privacy of all of its iPhone users at risk.There has been legislation proposed in New York State and in California that would require cellphones sold in those states to be “capable of being decrypted and unlocked by its manufacturer or its operating system provider.” Law enforcement agencies have been pushing for similar legislation at the national level.As a technologist, I can tell you that such legislation is misguided. Backdoors added to such devices decrease the security of data on the device, not just from the government, but from criminals and insiders. These kinds of backdoors … [Read more...] about Apple Can Access the Terrorist’s Cell Phone Without Creating a Backdoor
Allow me to begin with a personal story. In the late 1980s, a few years after I was called to the Bar, I remember being asked by a US client for something that required an order from the Ontario Securities Commission. When I spoke to my securities law colleague, he called in an articling student, explained the situation, and asked the student to find three recent precedent orders from the regulator that generally matched our circumstances.He told the student these orders were published by the commission, but it would probably take him a day and a half to rummage through all the recent OSC bulletins and other materials to find appropriate ones, given that all of these orders were only available in paper. He pointed the student to our library, where these materials could be found in various stacks and piles. Before the student got to work, my colleague made it clear to him that finding the right OSC precedent orders (like finding a needle in a haystack) was a rite of passage for every … [Read more...] about Data-Driven Legal: Part II
Home Daily News Carlton Fields loses 2 name partners in group… Law Firms By Debra Cassens Weiss Posted March 11, 2019, 7:00 am CDT Nadin3d/Shutterstock.com. Carlton Fields Jorden Burt is shrinking—in more ways than one. On Feb. 28, the law firm dropped the words Jorden Burt from its name, the American Lawyer reports in stories here and here. About a week later, the firm lost 17 lawyers—including former name partners James Jorden and Frank Burt—in a move to Drinker Biddle & Reath. Fourteen of the lawyers moving to Drinker Biddle are partners and three are associates, according to a press release. The team is known for trial and class action work, and some of the lawyers will establish an office in Hartford, Connecticut, for Drinker Biddle. The firm also expects to open a Miami office in the near future with lawyers from Jorden’s group. Jorden and Burt’s 70-lawyer firm Jorden Burt had merged with Carlton Fields in 2014. “Five years after … [Read more...] about Carlton Fields loses 2 name partners in group move to Drinker Biddle; was merger a failure?