Once again, the law becomes a drooling idiot when it butts up against something it was never written to address.
Once again, the law becomes a drooling idiot when it butts up against something it was never written to address.
by , Chief Justice John Roberts explained that “Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’”
California’s concern with how technology might allow the invasion of privacy extends back at least to 1862, when the introduction of the telegraph caused worries about telegraph operators divulging messages. The Assembly accordingly passed “An Act for the Regulation of the Telegraph and to Secure Secrecy and Fidelity in the Transmission of Telegraphic Messages.” (I should note that I prefer the quaint and expressive legislative titles of the 19th century to the Orwellian and forced acronym-words of the 21st, such as the USA PATRIOT Act and the USA FREEDOM Act.) In 1905, in the face of yet a new communications technology, California extended its telegraph interception prohibition to the telephone.
California has led in cyber law before. It passed a security breach notification statute in 2002, requiring companies to notify Californians when their unencrypted data has been disclosed.
Support for this reform has been bipartisan. CalECPA is authored by Senator Mark Leno (D-San Francisco) and Senator Joel Anderson (R-Alpine). CalECPA has the support of a broad array of groups, from civil liberties groups such as the American Civil Liberties Union and the Electronic Frontier Foundation, to California-based technology companies like Apple, Facebook, Google and Twitter. On June 3, 2015, CalECPA passed out of the California Senate unanimously, 39 to 0. This week, the California state associations of police chiefs, state sheriffs, and district attorneys all withdrew their earlier opposition to the bill.
Cal-ECPA will be discussed next week on the floor of the California State Assembly. Given that the people of the world increasingly entrust the privacies of life to California companies, Californians should lead in protecting privacy.
* Not the most exciting law clerk story of the last couple days, but a federal clerk texting defense lawyers “as of 3:34 today you owe me a beer (or wine!)” right after they won a big motion from her judge was… unwise. [Blog of the Legal Times] * The defense rests early in the Dewey trial, calling no witnesses in a move designed to express confidence. Hey, it’s not like these guys have wildly misjudged anything before. [Law360] * Biglaw is splurging on cushy amenities for their offices. Is it helping net clients? [Wall Street Journal] * But maybe the amenity Biglaw really needs is a place to sleep — Biglaw associates need to take more naps, you guys. If you want to know where to shop, there’s four places. There’s the Hammock Hut, that’s on Third… [Bloomberg View] * Right-wing SCOTUS clerks landing plum jobs on Capitol Hill with help from Federalist Society connections. [National Law Journal] * With Kim Davis jailed, her deputies waste no time assuring the public that they will be issuing same-sex marriage licenses. [Associated Press via MSN] * Speaking of Kim Davis, if you were expecting her to receive a flood of donations from like-minded culture warriors through a GoFundMe account, think again. The website has had it up to here with bad publicity and has officially banned campaigns to fund people facing formal charges. [Addicting Info] * The defense rests early in the Dewey trial, calling no witnesses to express confidence. Hey, it’s not like these guys have wildly misjudged anything before. [Law360] * Biglaw is splurging on cushy amenities for their offices. Is it helping net clients? [Wall Street Journal] * But maybe the amenity they really need is a place to sleep — Biglaw associates need to take more naps, you guys. If you want to know where to shop, there’s four places. There’s the Hammock Hut, that’s on Third… [Bloomberg View] * Right-wing SCOTUS clerks landing plum jobs on Capitol Hill with help from Federalist Society connections. [National Law Journal] * With Kim Davis jailed, her deputies waste no time assuring the public that they will be issuing same-sex marriage licenses. [Associated Press via MSN] * Speaking of Kim Davis, if you were expecting her to receive a flood of donations from like-minded culture warriors through a GoFundMe account, think again. The website has had it up to here with bad publicity and has officially banned campaigns to fund people facing formal charges. [Addicting Info]
If it occurs to you to ask whether it’s too snarky, the answer is probably yes.
Zorislav Leyderman filed an excessive force claim on behalf of Latrice Trotter, 20, of Minneapolis, who was tased by MPD Officer Adam Lewis last year.
NextGen CM/ECF doesn’t require Java for federal appellate electronic filing: That’s the good news, but that system of federal appellate e-filing has yet to be implemented across much of the nation. Thus far, only the Second and Ninth Circuits have implemented it.
My related post from last night — titled “Is the current method of federal appellate electronic filing becoming technologically obsolete?” — can be accessed here.
Read more here: http://howappealing.abovethelaw.com/090415.html#063425
“The Next Justices: A guide for GOP candidates on how to fill Court vacancies.” Law professors Josh Blackman and Randy E. Barnett have this cover story in the September 14, 2015 issue of The Weekly Standard.
Read more here: http://howappealing.abovethelaw.com/090415.html#063424
Sometimes looks can deceive. This is one of those times! As reported at mmafighting.com:
Strawweight fighter Monique Bastos was on the way for her jiu-jitsu training with two friends in Acailandia, Brazil, on Tuesday night, when two men attacked her. They wanted their phones, but they had no idea Bastos was an MMA fighter.
“I was going to my jiu-jitsu training when they arrived on a motorcycle and said they wanted our phones,” Bastos told MMAFighting.com. “I tried to hold my phone, and I realized they were not armed. When they tried to escape, I lifted the rear wheel of the bike and they fell on the ground. The guy who took my phone ran away, but I was able to get the other one.”
Bastos, who has six professional MMA fights on her record and a few jiu-jitsu matches and muay thai bouts, got him into a rear-naked choke and took him to the sidewalk, where she locked a triangle choke and waited for the police.
Wesley Sousa de Araujo was arrested 15 minutes later, and that was not the first time Bastos had to stop a robbery.
“I’ve been through this a few times before, and it’s the second time I fought back,” she said. “There were two guys, and they were using knives, but I was able to use my jiu-jitsu and get my phone back. It’s a huge risk, but I did it to defend myself and my friends, so I used what I learned.”
Maybe some brandname law firms can get away with the new trend: Establishing Gilded Age kind of offices. Those allow for special events. And they regularly serve clients fine cuisine and provide them access to a wine bar. In The Wall Street Journal, Sara Randazzo details this. Mayer Brown LLP’s New York office is an example of a law firm adopting such lush surroundings.
But, come on, even the folks on “Downton Abbey” are recognizing the need for cost-efficiency. This coming season will feature plenty of belt-tightening.
What reasonable client entering aristocratic quarters doesn’t panic, thinking: Hey, my company is indirectly paying for this. Increasingly, corporate clients have to be accountable, just like every other department, for their budget. So, they must go in search of the best deal.
Frequently when I am involved in writing the text for board presentations, the client tells the graphics staff to make the visuals look “cheap.” Otherwise some member of the board will make a point of the assumed expense which went into the seven-minute talk. Heads will roll.
Perception is everything. Law firms simulating a “Downton Abbey” elegance will be perceived as wasting clients’ money.
GE won’t be accused of any age or gender discrimination. At least not when it comes to 55-year-old Beth Comstock. As of September 1st, she has taken the role of the company’s first female Vice Chairman.
Comstock started out heading Corporate Communications, then moved on to head Marketing. Currently she leads GE’s Innovation Group.
She made her mark several years ago with the phrase, “Nuke Nostalgia.” That was before most businesses got it that they had to operate totally in the now. She has a huge following on LinkedIn.
“Contentious Case Over Gay Rights Nothing New to a Kentucky Judge”: Richard Perez-Pena will have this article in Friday’s edition of The New York Times.
Read more here: http://howappealing.abovethelaw.com/090315.html#063423
My client prevailed today on the most important issue presented in the Pa. Supreme Court oral argument I delivered back on March 10th: You can access today’s unanimous ruling of the Supreme Court of Pennsylvania at this link in a case in which I represented the plaintiff on appeal. A couple of earlier posts noting the oral argument can be accessed here and here.
Read more here: http://howappealing.abovethelaw.com/090315.html#063422
Read more here: http://howappealing.abovethelaw.com/090315.html#063421
Is the current method of federal appellate electronic filing becoming technologically obsolete? Whenever I try to discuss technology at the level required by this post, I quickly reveal my own ignorance. With that disclosure out of the way, let me sound a warning for those who may someday soon attempt their first federal appellate electronic filing after having upgraded to Windows 10.
The federal appellate CM/ECF electronic filing system requires a web browser with Java installed to operate. Microsoft’s new Windows 10 browser, known as Edge, does not support Java. And Google Chrome also recently stopped supporting Java. That does still leave the option of using the Firefox browser, which is what I used to e-file the Reply Brief that I filed today in the U.S. Court of Appeals for the Third Circuit. But that was after more than a few anxious moments wondering why none of the previous ways that I had accomplished federal appellate e-filings in the past was working.
Before the Windows 10 upgrade, I had used Internet Explorer to accomplish my CM/ECF federal appellate filings, which was one of the rare times that I would use that web browser. Microsoft Edge purports to allow the user to open a web page in Internet Explorer, but that option did not allow me to launch the CM/ECF application earlier today.
If readers have encountered these or other recent difficulties with federal appellate e-filing, or have discovered solutions that haven’t yet occurred to me, please feel free to send along your experiences via email and I will gladly share points of general interest with this blog’s readers.
Read more here: http://howappealing.abovethelaw.com/090315.html#063420
“The Next Justices. Filling Supreme Court vacancies: a guide for GOP candidate.” Law professors Randy E. Barnett and Josh Blackman will have a cover story article bearing that headline in the September 14, 2015 issue of The Weekly Standard.
Although the text of the article is not yet online, Blackman has posted at his blog a photograph of the magazine’s cover image created for the article.
Read more here: http://howappealing.abovethelaw.com/090315.html#063419