 | INTERNET LAW - Home Searches and Computer Seizures under the European Convention on Human Rights |
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| | Martha L. Arias, IBLS Director
Monday, March 16, 2009
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| | The European Convention on Human Rights (the Convention) sets human rights and fundamental freedom principles applicable in the member states. Article 8, in particular, confers people the right to respect for his private and family life, his home, and his correspondence. Complainants of unlawful computer searches have claimed government violation of article 8 of the Convention. This article provides an example of the European Court of Human Rights analysis of article 8 when applied to computer searches.
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| INTERNET LAW - Search and Seizure of Home Computers in Virginia |
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| | Martha L. Arias- IBLS Director
Sunday, December 14, 2008
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| | It may not be scientifically proven yet, but home computers definitely provide solitude enjoyed by those who commit online crimes. In contrast, it is not always easy for authorities investigating cybercrimes to obtain a warrant to search and seize home computers; thus, relatives' or roommates' consent to these search and seizures have become a legal challenge for defense attorneys and judges ruling on motions to suppress evidence. The following Fourth Circuit Court of Appeals case illustrates how relatives' consent in home computer searches has been addressed in the state of Virginia.
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| INTERNET LAW - The Hague Evidence Convention |
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| | IBLS Editorial Department
Wednesday, December 10, 2008
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| | The Internet may be the force that revives international law, for those who have always considered that international law lacks dynamism. An interesting international convention, that may eventually be relevant for Internet disputes, is the Convention on Taking Evidence Abroad on Civil or Commercial Matters (CTEA), also known as the Hague Evidence Convention. This convention was signed by the United States (US) on March, 1970, and entered into force on October 7, 1972. The CTEA plays a vital role in sharing evidence among the signatory countries’ judicial authorities.
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| INTERNET LAW - Evidentiary Songs Played by iPods |
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| | Martha L. Arias, IBLS Director
Monday, October 27, 2008
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| | Some months ago we reported on the use of iPods as an educational tool, and provided information on schools and universities that have incorporated this technology for the benefit of their students. Our report today involves a more complex use of iPods; iPods used by investigators to collect evidence and by defense attorneys. iPods' storage capability and functionality makes them a perfect device for defense attorneys and criminal investigators. They are inexpensive technology to record or format lengthy information. Maybe its creators did not envisage iPods for purposes other than entertainment but, as my grandmother said, a chair can help reach higher places. [More...] |
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| INTERNET LAW - Can Expedited Discovery be Applied to Obtain Information from ISPs? |
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| | Martha L. Arias, IBLS Director
Thursday, May 15, 2008
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| | 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 be conducted. Yet under precedent decisions, some previous to the enactment of Fed. R. Civ. P. 26, U.S. courts may conduct expedited discovery upon a showing of good cause. Can this expedited discovery be applied to obtain information from Internet Service Providers? Arista Records LLC. v. Does 1-4, (M.D. Ga. Feb. 25, 2008) addressed the issue of expedited discovery to obtain information from Internet Service Providers ("ISP") in a P2P copyright infringement. Following, you may find an answer the above question.
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| INTERNET LAW - Authenticity and Management of Electronic Records |
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| | Martha L. Arias, IBLS Director
Monday, November 19, 2007
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| | 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 invoices authentic to stand in court proceedings? Does your company (or government office) have electronic record management policies that protect the authenticity of your documents? Given the international scope of e-commerce, even in e-procurement transactions, and the importance of any e-record in litigation proceedings, the concept of authenticity should be the center of electronic records management analysis for any e-business and e-government projects.
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| INTERNET LAW - E-mails as Court Evidence: Be ready to Produce & Afford |
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| | Martha L. Arias, IBLS Director
Monday, October 29, 2007
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| | 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 corporate e-mails cannot be easily produced, computer forensic experts are required. Services rendered by computer forensic experts are pricey but it seems this is not a wining argument for a favorable burden/expense analysis under the new standard for Fed. R. Civ. P. 26(b)(2)(C)(iii).
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| INTERNET LAW - Interpretation: Email Communications are akin to Telephone Conversations in Israel |
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| | IBLS Contributor Odia Kagan Tel Aviv, Israel, odia@okaganlaw.com
Monday, October 29, 2007
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| | Intercepting an email before it is received by the recipient constitutes eavesdropping - decided the Tel-Aviv District Court in early February 2007. The brave and innovative judgment by Judge Chaled Kabub will change the ways the Israeli police operates and will somewhat fortify what little privacy is left for Israeli in the online world.
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| INTERNET LAW - May Informal Transcripts from Chat Rooms be Admissible Evidence? |
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| | Martha L. Arias, IBLS Director
Wednesday, August 01, 2007
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| | A Nebraska District Court recently held that 'cutting and pasting' in a Word document fragments of Internet chatting do not constitute admissible evidence under the Federal Rules of Evidence (FRE). A law enforcement agent pretending to be a minor girl communicated with defendant via chat rooms. At the end of each chatting session, the agent ‘cut and pasted" fragment of the conversations and merged them into a Word document. This document was later submitted as evidence against defendant, who was indicted for knowingly attempt to persuade, induce, and entice a minor to engage in sexual activity in violation of 18 U.S.C. § 2422(b).
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| INTERNET LAW - E-mail Wiretap is Permissible…For now |
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| | IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Monday, May 07, 2007
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| | 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 Australian House of Representatives passed the Telecommunications (Interception) Amendment (Stored Communications) Act 2004 which amends the Australian Telecommunications (Interception) Act of 1979, with regard to electronic messages (e-mail) and text messages (SMS). This law, the Australian government’s third attempt to amend the said Telecommunications (Interception) Act, enables the police, several Federal and State authorities, private investigators, Internet service providers and other business owners – to access e-mail messages, SMS messages, and voice messages which are temporarily stored during transfer – without a telecommunications interception warrant, even in cases the suspected offence is not grave in nature. [More...] |
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| INTERNET LAW - Wi-Fi*, My Learned Friend |
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| | IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Monday, April 30, 2007
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| | Connecting the Court system with a wireless communication network enables journalists and lawyers to maintain a continuous contact with the world outside the courtroom and changes the rules of the game. [More...] |
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| INTERNET LAW - Controlling employee email and Internet use may violate European law |
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| | Editor, Maricelle Ruiz, IBLS Director – Europe
Wednesday, April 25, 2007
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| | Countries throughout Europe may be relaxing data protection and privacy laws to fight terrorism and organized crime. But when it comes to protecting employee confidentiality, the European Court of Human Rights recently decided to draw the line. In the case of Copland v. the United Kingdom (no. 62617/00), the Court ruled that controlling personal calls, emails and Internet use interfered with the rights of a European citizen – specifically of Ms. Lynette Copland, a UK national – forcing that country’s Government to pay 9,000 Euros in damages and to cover legal expenses. [More...] |
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| INTERNET LAW - Online Eavesdropping Violates Privacy; Unlawful Wiretapping Punishable by Imprisonment in Israel |
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| | IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Wednesday, March 14, 2007
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| | A Florida Court of appeals held that Instant messages recorded by a spyware program without the knowledge of the party chatting are inadmissible in Court. What is the legal situation in Israel?
Is an online chat room log, acquired by installing a spyware or keylogging program, admissible in court? The Florida Court of Appeals said: No.
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| INTERNET LAW - E-discovery Sanctions are Turning Unforgiving |
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| | Martha L. Arias, IBLS Director.
Wednesday, March 07, 2007
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| | As e-discovery becomes the most common method to collect evidence, court sanctions for evidence tampering get unforgiving. In a recent decision, a Massachusetts District court granted summary judgment for defendant and allowed defendant to recover costs and attorney fees when plaintiff deleted relevant evidence from his laptop. [More...] |
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| INTERNET LAW - New U.S. E-Discovery Rules May Result in Sanctions for Clients and Attorneys |
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| | John J. Coughlin, Partner, Duane Morris US, jjcoughlin@duanemorris.com
Tuesday, March 06, 2007
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| | The revision to various Court Rules, notably the Federal Rules of Civil Procedure, effective December 1, 2006, as well as the trends in case law demonstrate the efforts of American jurisprudence to keep up with a world where studies show that as much as 90 percent of all business communications are conveyed by e-mail. [More...] |
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| INTERNET LAW - E-Discovery Rules Demand New Legal Planning |
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| | IBLS Contributor: John J. Coughlin, Duane Morris LLP, US, jjcoughlin@duanemorris.com
Tuesday, March 06, 2007
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| | The long wait is over, and the new Federal Rules of Civil Procedure are now a daily reality for litigants and their counsel, who can and should do much more than wait for the filing of their first case under the new rules. For those who do not frequent the federal courtroom, be aware that many states are adopting similarly worded, if not more onerous rules, while courts in jurisdictions with no explicit guidance are left to their own resources, often with harsh results for unwary litigants.
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| INTERNET LAW - The Italian certified e-mail system |
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| | IBLS Contributors: Roberta Falciai (r.falciai@macchi-gangemi.com) and Laura Liberati (l.liberati@macchi-gangemi.com), Macchi di Cellere Gangemi, Italy
Monday, February 19, 2007
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| | 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 operators, public administrations as well private citizens have experienced the increasing necessity, on the one hand, to intensify their electronic communications, and on the other hand, to be assured that the communication effectively took place. Prior to February 2005, however, the traditional (paper) registered letter represented the only method which proved mail delivery to the actual addressee. [More...] |
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| INTERNET LAW - Israel Launches Paperless Court Project |
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| | IBLS Contributor Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Monday, February 05, 2007
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| | On Sunday, January 28, 2007, the Israeli Paperless Court project was launched at the Magistrates Court of Haifa. The goal of this ambitious project is that by the end of the year 2007 all courts in Israel will operate without paper. This will include electronic filing of court documents. Israeli lawyers will be provided with “smart” electronic cards which will serve to identify them for all procedures vis-à-vis the courts. [More...] |
