SCOTUS to decide whether a warrant is needed to obtain location data from cellphone carriers

Posted on by Federica Romanelli
On June 5, 2017, the Supreme Court granted a writ of certiorari to review the decision by the Sixth Circuit holding that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without obtaining a warrant. In Carpenter v. United States Timothy Carpenter and Timothy Sanders were convicted of nine armed robberies. The government’s evidence at trial included business Read more [...]

NY Court of Appeals dismissed Facebook’s appeal on motion to quash 381user accounts’ search warrants

Posted on by Federica Romanelli
On April 4, 2017, New York Court of Appeals ruled that it does not have authority to hear Facebook’s appeals against motions to quash search warrants issued under the Stored Communications Act (SCA). By way of background. Facebook appealed a September 17, 2013 New York County trial court's sealed order containing bulk SCA search warrants directing Facebook to produce virtually all records and communications of 381 Facebook accounts. The warrants also included provisions barring Facebook from Read more [...]

Another data breach class action dismissed by the Second Circuit for lack of standing

Posted on by Federica Romanelli
The Second Circuit affirmed the dismissal of a data breach class action for failing to sufficiently allege an injury to support standing. By way of background. Plaintiff made purchases via credit card at a Michaels store. Later on, Michaels issued a press release saying that there had been a possible data breach of its system, apparently involving theft of customers’ credit card and debit card data. Plaintiff filed a class action for breach of an implied contract and for violation of New Read more [...]

Executive order on strengthening cybersecurity issued by Trump Administration

Posted on by Federica Romanelli
On May 11, 2017, the Administration Trump issued an executive order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure. The executive order contains three sections. The first section deals with cybersecurity of federal networks. Agencies shall implement the NIST framework for risk management and risk reduction, federal IT for shared services shall use the cloud to be more efficient. The second section deals with critical infrastructure cybersecurity effort. Read more [...]