We now know that the FBI does not recommend that Hillary Clinton be prosecuted for using private email servers with respect to government communications while she was the Secretary of State. At the same time, though, the FBI has concluded that Ms. Clinton’s handling of government communications was extremely careless. Meanwhile, the State Department may begin its own investigation with respect to EmailGate.
From the outside, it does not appear that Ms. Clinton acted with malice when using private email servers regarding her government communications as Secretary of State. Nevertheless, it is critically important that government records be maintained as government records so that the public has an opportunity to review those records when appropriate. Continue reading The State Department Email Saga
In a lawsuit combining the financial fallout of the decline of traditional telephone directories with the perils of mass company emails, the Eastern District of New York ruled late last week that a former executive’s defamation claim based on an email sent to thousands of employees regarding his termination can go forward.
Continue reading Federal Court Allows Mass Email Defamation Claim to Proceed
Gone are the days of non-electronic, hard-copy communications, right? Not so fast! According to The Associated Press, the Justices of the United States Supreme Court are still very low-tech — almost to the point of being no-tech.
When communicating with each other about pending cases under consideration, the Justices tend to send each other formal memoranda printed on ivory paper. This was revealed by Justice Elena Kagan during an interview by Ted Widmer, a Brown University historian and librarian.
Continue reading The Low-Tech U.S. Supreme Court
Once upon a time, I was known as Inspector Gadget. Why? Because I wore on my belt three different devices — a mobile phone, an iPod, and a Palm Pilot. The phone was only good for calls, the iPod could only play music, and the non-wireless Palm Pilot was simply a calendaring assistant.
I wondered then whether there could ever be convergence, such that at some point I only would need to carry around one device. Of course, that did happen, but the convergence occurred beyond my wildest dreams.
Continue reading Apps Gone Wild: Is There Anything They Can’t Do?
Make no mistake, Cybercrime is real and its impact is huge. Indeed, a recent Norton Cybercrime report by Symantec provides some fairly startling statistics.
For example, there are 1.5 million Cybercrime victims on a daily basis – that is 18 victims per second. There are 556 million such victims per year – in excess of the European Union total population.
Two-thirds of online adults already have been Cybercrime victims at some point in their lives, and 46% of online adults have been victims within the past year.
Continue reading The Cost of Cybercrime: 1.5 Million Victims Every Day
Most of us hate unsolicited commercial email – aka spam. Notwithstanding spam filters and federal and state laws prohibiting spam under various circumstances, we nonetheless continue to receive these annoying emails in our in boxes.
One might think that the spammers are making fortunes as part of their predatory practices.
But a recent study indicates that while the societal cost of spam is phenomenally high, to the tune of $20 billion, the revenue derived from spam is a fraction of that, only $200 million.
Continue reading Spam Email Costs Billions But Yields Far Less
Eric Sinrod, a partner in the San Francisco office of Duane Morris LLP, was quoted by The Washington Post in an article about a federal email spam jury trial. Click here to access the full article.
Foreigners can be protected by the Electronic Communications Privacy Act (ECPA). The parts of the ECPA that prevent ISP’s from revealing electronic communications apply to foreigners when their emails are stored on a domestic server, the Ninth Circuit has ruled.
In Suzlon Energy v. Microsoft, the plaintiff had directed a subpoena to Microsoft seeking the substance of emails between a citizen of India with respect to fraud litigation in Australia. Microsoft did not comply with the subpoena, taking the position that to do so would violate the ECPA. The federal trial court agreed and quashed the subpoena.
Continue reading Foreigners’ Email On Domestic Servers Protected, Ninth Circuit Rules
Information technology overload can be a very real thing. Don’t get me wrong – technology is fantastic. Instantaneously were are on top of fast-breaking news developments. And we are in immediate and constant contact with our “friends.”
But sometimes doesn’t it all seem a bit too much?
Do you ever just want to turn off, take a breath and simply observe the real world around you?
Continue reading Ever Feel Like Unplugging From All This Technology