June 19, 2009 | Posted by Barry Reingold
Topic: Commentary
The keynote speaker at the ABA Consumer Protection conference in DC on June 18, 2009 was Bureau of Consumer Protection Director Dave Vladeck. He identified as one of this goals "rethinking" the agency's approach to privacy issues. He asked for the audience's "help," meaning the agency will probably convene a town hall meeting this fall to address these issues. We and our clients are all invited to attend. A synopsis of his substantive views follows.
|
June 3, 2009 | Posted by Michael Sussmann and Ryan Mrazik
Topic: Case
Today, a federal judge dismissed all claims against communications providers who were alleged to have cooperated with the NSA in undertaking warrantless wiretapping in the United States, beginning soon after 9/11. The dismissal upheld Section 802 of the FISA Amendments Act (FAA), which Congress passed in July 2008 to provide complete retroactive immunity to any provider who did participate in the NSA program. Despite upholding immunity for providers, the court allowed lawsuits against the government to proceed. Although there may be appeals, this decision brings the lawsuits a considerable step closer to final conclusion. And as legal challenges to the FAA (or its predecessor, the Protect America Act) fail, providers who are subject to the enhanced surveillance provisions created under the FAA should be reassured about the Constitutionality and legality of new statutory obligations they are under.
|
May 18, 2009 | Posted by Gidari, Al
Topic: Commentary
The Department of Justice's May 12, 2009, Report to Congress covers all applications made by the Government during calendar year 2008 for authority to conduct electronic surveillance and physical search for foreign intelligence purposes under FISA, all applications made by the Government during calendar year 2008 for access to certain business records (including the production of tangible things) for foreign intelligence purposes, and certain requests made by the Federal Bureau of Investigation pursuant to national security letter authorities. While the number of wiretaps and searches conducted in 2008 were lower than in 2007, the number of National Security Letters increased.
|
May 11, 2009 | Posted by Editor
Topic: Commentary
In big and small screen thrillers law enforcement is able to track you via your cell phone signal in seconds flat. But how real is that capability and what privacy safeguards are in place when everyone’s got a cell phone? In an interview featured on the NPR program On The Media, Perkins Coie Privacy Partner Al Gidari explains how your cell phone signal may know you better then you know yourself.
|
|
|