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Title/Abstract
The Federal Stored Communications Act Applies to the Unauthorized Access to E-Mails
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Editor
What is the law applicable to the unauthorized access to people's e-mails and other electronic communications? The Electronic Communications Privacy Act (ECPA), 18 U.S.C. ...
The Hague Evidence Convention
IBLS Editorial Department
The Internet may be the force that revives international law, for those who have always considered that international law lacks dynamism. An interesting ...
Online Eavesdropping Violates Privacy; Unlawful Wiretapping Punishable by Imprisonment in Israel
IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
A Florida Court of appeals held that Instant messages recorded by a spyware program without the knowledge of the party chatting are inadmissible in ...
E-discovery Sanctions are Turning Unforgiving
Martha L. Arias, IBLS Director.
As e-discovery becomes the most common method to collect evidence, court sanctions for evidence tampering get unforgiving. In a recent decision, a ...
New U.S. E-Discovery Rules May Result in Sanctions for Clients and Attorneys
John J. Coughlin, Partner, Duane Morris US, jjcoughlin@duanemorris.com
The revision to various Court Rules, notably the Federal Rules of Civil Procedure, effective December 1, 2006, as well as the trends in case ...
E-Discovery Rules Demand New Legal Planning
IBLS Contributor: John J. Coughlin, Duane Morris LLP, US, jjcoughlin@duanemorris.com
The long wait is over, and the new Federal Rules of Civil Procedure are now a daily reality for litigants and their counsel, who ...
Search and Seizure of Home Computers in Virginia
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
It may not be scientifically proven yet, but home computers definitely provide solitude enjoyed by those who commit online crimes. In contrast, it ...
Israel Launches Paperless Court Project
IBLS Contributor Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
On Sunday, January 28, 2007, the Israeli Paperless Court project was launched at the Magistrates Court of Haifa. The goal of this ambitious project ...
The Italian certified e-mail system
IBLS Contributors: Roberta Falciai (r.falciai@macchi-gangemi.com) and Laura Liberati (l.liberati@macchi-gangemi.com), Macchi di Cellere Gangemi, Italy
E-mail has become the communication method par excellence. Correspondingly, the need for legal protection has started to press urgently during the last years. Trade ...
Controlling employee email and Internet use may violate European law
Editor, Maricelle Ruiz, IBLS Director – Europe
Countries throughout Europe may be relaxing data protection and privacy laws to fight terrorism and organized crime. But when it comes to protecting employee ...
Wi-Fi*, My Learned Friend
IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Connecting the Court system with a wireless communication network enables journalists and lawyers to maintain a continuous contact with the world outside the courtroom ...
E-mail Wiretap is Permissible…For now
IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
An amendment to the Australian Telecommunications (Interception) Act makes it easier for the police and state authorities to read citizens’ e-mails and text messages. ...
The Wild Hunt for E-evidence in High-Profile Cases
Editor, Maricelle Ruiz, IBLS Director – Europe
Even if you’re really mad…it may not be such a good idea to hack, that is, to illegally access another’s computer. The pursuit of ...
Can Expedited Discovery be Applied to Obtain Information from ISPs?
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
U.S. Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 26(d) and (f) requires parties to a lawsuit to confer before any discovery can ...
Evidentiary Songs Played by iPods
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
Some months ago we reported on the use of iPods as an educational tool, and provided information on schools and universities that have incorporated ...
Home Searches and Computer Seizures under the European Convention on Human Rights
Martha L. Arias, IBLS Director
The European Convention on Human Rights (the Convention) sets human rights and fundamental freedom principles applicable in the member states. Article 8, ...
May Informal Transcripts from Chat Rooms be Admissible Evidence?
Martha L. Arias, IBLS Director
A Nebraska District Court recently held that 'cutting and pasting' in a Word document fragments of Internet chatting do not constitute admissible evidence under ...
Interpretation: Email Communications are akin to Telephone Conversations in Israel
IBLS Contributor Odia Kagan Tel Aviv, Israel, odia@okaganlaw.com
Intercepting an email before it is received by the recipient constitutes eavesdropping - decided the Tel-Aviv District Court in early February 2007. The brave ...
E-mails as Court Evidence: Be ready to Produce & Afford
Martha L. Arias, IBLS Director
United States Federal Courts are reluctant to accept high-computer-forensic costs as a reason to waive production of electronic data. When electronic data like ...
Authenticity and Management of Electronic Records
Martha L. Arias, IBLS Director
In a cross-border transaction, how are you going to prove that your five-year old electronic contract is authentic? Is your 10-year record of electronic ...
How to Find the Contact Information of a Prospective Defendant
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
When an online company or a natural person discovers that an online party is violating its rights, sometimes it is not simple to sue ...
How are the Rules of Evidence in Asian Countries Compared to American’s?
Martha L. Arias, Immigration & Internet Law attorney; IBLS Editor
Attorneys drafting international contracts and making decisions about a choice of law should specially consider the rules of evidence. The rules of evidence ...
Will Service of Process by E-mail Affect Process Servers Anytime Soon?
by ServeNow.com Staff - IBLS Director Interview
Service of process by e-mail has loomed on the horizon as a possible threat to business for process servers for at least a decade. ...
Hague Convention Discovery Rules: What is a Letter of Request
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
The Hague Convention on the Taking of Evidence Abroad on Civil or Commercial Matters (hereafter "the Hague Convention on Discovery”) was adopted in 1968 ...
Electronic Discovery & Prenuptial Agreements in New York
Martha L. Arias, Esq., Immigration & Internet Law attorney; IBLS Director
Electronic discovery is still evolving with the aid of the 2006 federal rules regarding electronic discovery, which provide great protection for non-parties from onerous ...
E-Mails in the Employer-Furnished Laptop v. the Attorney-Client Privilege in New Jersey
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
It is a well-settled principle of law in the United States that an employee does not have reasonable expectation of privacy on information stored ...