Client Confidentiality and the NSA: May attorneys still use unencrypted email?

Lawyers handling client data are under an obligation to protect the privacy of that data. State and ABA ethics opinions have approved of correspondence over unencrypted email, deciding that in most cases such communication is consistent with the lawyer’s privacy obligation. However, those opinions were based on an understanding of privacy law that preceded the recent revelations about government storage and tracking of email under the authority of FISA and the PATRIOT Act. It may Continue Reading →

STLR Link Roundup – March 13, 2013

Harvard Defends Email Search Harvard faculty reacted angrily to Harvard’s search of Resident Deans’ emails. (Resident Deans are administrators who oversee the affairs of Harvard’s residential dorms.) Harvard conducted the search, without notice to the deans whose accounts were searched, in order to determine how confidential information regarding last year’s cheating scandal leaked to the press. Through the search, Harvard determined that the memo was forwarded by one Resident Dean to two students. Harvard faculty criticized the search Continue Reading →

Pitting Robots Against Spammers in Rulemaking Comment Wars

As the notice-and-comment process that has been a feature of agency rulemaking for the past 60 years moves online, citizens have started to exercise their right to spam. Some scholars, notably Stuart Shulman, write that electronic comment tools flood agencies with low-quality comments that agencies ultimately ignore. Shulman, The Case Against Mass E-mails: Perverse Incentives and Low Quality Public Participation in U.S. Federal Rulemaking, 1 Policy & Internet 23 (2009). On the other hand, David Continue Reading →

STLR Link Roundup – October 1, 2012

Google Can Test Its Driverless Cars in California A new law in California allows Google’s cars on the road, as long as there is a driver inside ready to take control. This license to Google to test their cars comes on the heels of similar legislation in Nevada. A reporter from CNN test-drove Google’s car, and a columnist for Wired predicted that nobody will need a drivers’ license in 2040.   FBI Battles Industry Over Continue Reading →