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Recent Articles
Supreme Court Rules for Federal Question Jurisdiction Under TCPA
The U.S. Supreme Court has found the TCPA allows for federal question jurisdiction. The case is Mims v. Arrow Financial Services (Jan. 18, 2012)The court held that "the District Court retains § 1331 jurisdiction over Mims's complaint unless the TCPA, expressly or by fair implication, excludes...
Subcommittee Approves H.R. 2577
The House subcommittee on Commerce, Manufacturing and Trade voted out H.R. 2577. The bill, sponsored by Rep. Mary Bono, would require organizations to notify customers if there was a “reasonable risk” their personal data may have been breached. It would preempt state laws as well.
Third Circuit Finds Federal Diversity Jurisdiction Under TCPA
Landsman & Funk v. Skinder-Strauss Associates (3rd Cir. April 4, 2011) The Third Circuit has addressed the often confusing issue of whether federal courts have diversity jurisdiction over lawsuits filed by individuals for TCPA violations - In this case, as in so many others, for receiving...
Second Circuit Grants Standing to Challenge to FISA
New York (AP) -- A lawsuit challenging a law that lets the United States eavesdrop on overseas communications more widely and with less judicial oversight than in the past was reinstated Monday by a federal appeals court that said new rules regarding surveillance had put lawyers, journalists and...
Google Fined by CNIL Over Street View
CNIL, the French data privacy agency, fined Google 100,000 for collecting personal information such as passwords and e-mails when taking images for its Street View project.
Supreme Court Rules Corporations Don't Have Personal Privacy Rights Under FOIA
The U.S. Supreme Court today held, 8-0, that corporations do not have "personal privacy" for the purposes of the exemption from disclosure of records under FOIA. Justice Roberts totally rejected the idea that because a corporation can be considered a "person" under the law, a federal agency can and...
Computerworld Names Top Privacy Advisors
It's a survey of 146 privacy professionals. Hunton & Williams apparently got the most votes by far. I was not asked, but probably would have gone with H&W also.
FCRA Jurisdiction Under 29 USC 1346(a)(2)
In Bormes v. United States the Court of Appeals for the Federal Circuit held that FCRA is a money-mandating statute that supports jurisdiction under 28 U.S.C. § 1346(a)(2).See also Bormes v. United States, 638 F. Supp. 2d 958 (N.D. Ill. 2009).
NY Daily News Calls Online Privacy Rules
The NY Daily News has published an editorial titled:"The time has come to set some strict rules governing personal privacy on the Internet""The Obama administration has ordered the Commerce Department to find strategies for protecting Americans' information, and is creating a task force to develop...
FCC Look at Google WiFi Collection
According to the Wall Street Journal, the Federal Communications Commission is investigating whether Google Inc. broke federal laws when its street-mapping service collected consumers' personal information, joining a lengthy list of regulators and lawmakers probing what Google says was the...
