Posts tagged with: "ECPA"
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28 Mar 2024, 9:20 am
As a result, the Ninth Circuit reaches the shocking and ultimately embarrassing conclusion that Section 230 preempts ECPA and analogous state law claims. [read post]
28 Mar 2024, 7:42 am
Why the CFAA and ECPA claims were dismissed In this case, concerning the CFAA and ECPA claims, the court looked to Barnes v. [read post]
4 Mar 2024, 11:00 pm
To establish an ECPA claim, a plaintiff must demonstrate that defendant intentionally intercepted or attempted to intercept electronic communications using a device. [read post]
24 Jan 2024, 7:14 am
(“ECPA”). [read post]
28 Nov 2023, 1:33 pm
The Federal Electronic Communications Privacy Act (ECPA) The ECPA allows for criminal penalties as well as civil damages related to intercepting and disclosing electronic communications. [read post]
6 Nov 2023, 9:00 pm
Electronic Communications Privacy Act (ECPA): Key Issues Check out this discussion of key issues involving the ECPA, and how courts have applied the ECPA to different technologies. [read post]
23 Jul 2023, 10:32 am
This is a dangerous argument because it goes to the heart of Section 230, which privileges many kinds of speech but selectively deprivileges other speech (initially, ECPA violations, IP violations, and federal crimes). [read post]
21 Jul 2023, 4:00 am
It also “closes the loophole” that has allowed the government to purchase data from data brokers and other sellers without obtaining a warrant, court order, or subpoena as required under ECPA and FISA. [read post]
15 May 2023, 11:27 am
The Legal Theory: While these lawsuits all rely upon a similar factual predicate, plaintiffs have been relying upon a variety of legal theories to seek relief including: State specific privacy and consumer protection statutes across the country, such as the California Invasion of Privacy Act (“CIPA”), as well as other similar statutes in Illinois, Wisconsin, Pennsylvania, and Florida, Federal privacy law statutes, such as the Federal Wiretap Act Stored Communications Act, the… [read post]
15 May 2023, 10:58 am
Section 230, from day 1, always (1) retained all legal obligations for content originators, who definitely do not operate in a lawless zone, and (2) contained statutory exclusions for IP, ECPA, and federal criminal prosecutions, which means Internet services have always faced liability pursuant to those doctrines. [read post]
24 Apr 2023, 3:01 pm
Rather than carving up ECPA, we need to update and strengthen the decades-old protections. [read post]
18 Apr 2023, 5:48 am
In a previous post, I described the political landscape for this year’s Section 702 reauthorization debate and noted the view of most observers that Section 702 is unlikely to be reauthorized this year without significant reforms. [read post]
29 Mar 2023, 10:27 am
I was recently invited to a private workshop on children's online safety policy, where I gave a short presentation about the U.S. legal context. [read post]
28 Feb 2023, 9:01 am
The plaintiffs apparently chose not to pursue their ECPA claims. [read post]
6 Jan 2023, 11:15 am
Most importantly, 230 expressly excludes the ECPA (230(e)(4)), which includes the SCA. [read post]
22 Nov 2022, 12:54 pm
California also has its own ECPA, codified under Penal Code section 1546, et. seq., that protects the communications of an “authorized possessor” of an electronic device. [read post]
18 Nov 2022, 10:53 am
In effect, the ECPA prohibits the intentional actual or attempted interception, use, disclosure or “procure[ment] [of] any other person to intercept or endeavor to intercept any wire, oral, or electronic communication. [read post]
3 Nov 2022, 6:56 pm
For cases involving claims under the ECPA, claimants won 2.3 times as often as claim defendants. [read post]
1 Nov 2022, 5:59 pm
The Court explained that the ECPA expanded the Federal Wiretap Act to protect “electronic communications,” not the disclosure of an email address. [read post]
31 Oct 2022, 2:29 pm
The Electronic Communications Privacy Act of 1986 (ECPA), made it a federal crime to engage in, possess, use or disclose information obtained through illegal wiretapping or electronic eavesdropping. [read post]
