Supreme Court – Meet Social Media

Once again the United States Supreme Court steps into the thicket of how and when the States may regulate the content and actions of users of social media. In oral arguments on February 27, the Supreme Court considered the constitutionality of a North Carolina law that prohibited the use of Facebook or other social media sites…

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Phone Check – White House Demands Inspection of Employee Phones – What’s In YOUR Cell Phone?

It has been reported that Presidential spokesperson Sean Spicer called an emergency meeting of his staff to hunt for leaks.  At that meeting, reportedly approved by and supervised by White House counsel, Spicer demanded that the staffers produce their cell phones (government and personal) for examination to determine whether or not they were the leakers,…

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Can the US Seize Botnets and Data Overseas Without A Warrant?

It sounds like a classic law school exam question. A border patrol agent in the United States, without adequate provocation or justification, fires a shot across the Mexican border, hitting an innocent Mexican teenager in the head – killing him. Does the family of the deceased have any recourse in the U.S. courts, specifically under…

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Judge Gorsuch and Technology (and Privacy)

When Walter Ackerman sent an email from his AOL account to someone else, it never arrived.  It never arrived because AOL’s computers examined the contents of the email, using an MD5 hash function, and determined that one of the attachments’ electronic signature matched that of suspected child pornography contained in a database maintained by the…

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I’ll Trade You a Mantle Rookie Card for Two Cyber Vulnerabilities

President Trump is slated to issue two Executive Orders this week which may relate to the ability of the nation to defend itself (and its critical infrastructure) from potential cyberattacks.  The first is the President’s Executive order on cybersecurity.  The second is the Executive Order on Regulatio.  It may be that these orders work contrary to each other in practice.  We will…

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