Privacy/Security and Law
The court rejected defendant’s arguments, granted the Government’s application and ordered defendant to provide an unencrypted copy of the hard drive. It found that the situation did not implicate defendant’s Fifth Amendment rights. by Jan 24
Pursuant to a warrant, federal agents seized defendant’s laptop from her home. When investigators turned it on, they saw the hard drive’s contents were encrypted using PGP Desktop. Defendant would not voluntarily turn over the password to decrypt the drive, so the Government filed an application under the All Writs Act to require defendant to “assist” in the execution of the search warrant. Defendant objected, asserting her privilege against self-incrimination under the Fifth Amendment. by Jan 24
Goes into the details of the case. by Jan 22
The Ontario Court of Appeal has recognized a right to sue for damages for invasion of personal privacy, which includes snooping through financial, health and employment records, opening mail, reading diaries and intruding into the sexual orientation and practices of another person.
In a groundbreaking decision released Wednesday, the court said it was acting within its mandate to develop the law to reflect the changing needs of society at a time when highly personal information about Ontario residents, including where they shop, who they call and the movies they download, is readily accessible in electronic form by Jan 22
Stalking on Twitter is Protected Speech, U.S. Judge Rules Mashable Stalking on Twitter is Protected Speech, U.S. Judge Rules | The top source for social and digital newsA federal judge dismissed a case of cyberstalking on Twitter ruling that even though some tweets caused emotional stress, they are still considered free speech. The case involved Alyce Zeoli, a Buddhist leader based in Maryland.
In the Forbes version of the article, the writer points out that when Zeoli would block one account, Cassidy when create new twitter accounts to keep harassing here. Given that he was that obsessive, I imagine most of the 8000 were malicious. I follow a few comedic tweeters who could be said to write harassing tweets about certain celebrities (Kim Kard. and Chris Brown receive a lot of heat), but I don't think they're anywhere near 8000. I think Cassidy has a really personal vendetta again Zeoli for some reason. by Dec 19
Interesting facts. Wondering what the judgement would have been, did Zeoli based his argument on libel and online reputation. We know 8000 tweets but how many were menacing or defamatory? Very probably, the fact that he was a public figure and especially a religious leader had weight on the Supreme court decision. Maybe some background on Church of Scientology, copyright defense and Freedom of Speech? by Dec 19
"Using various pseudonyms on Twitter and on blogs, Cassidy published more than 8,000 tweets and posts about Zeoli often wishing death upon her. (One tweet, for example, read, “Do the world a favor and go kill yourself. P.S. Have a nice day.”)
Zeoli cooperated with the FBI, which had Cassidy indicted and put in jail in February on interstate stalking charges, a statute of the Violence Against Women Act. Cassidy sought to dismiss the indictment on the grounds that it violated the First Amendment. The judge in the case, Roger W. Titus, agreed with Cassidy’s assertion, concluding that the First Amendment “protects speech even when the subject or the manner of expression is uncomfortable and challenges conventional religious beliefs, political attitudes or standards of good taste.” Titus also cited the fact that Zeoli is a public figure (she was the subject of a book published in 2000) and ruled that Cassidy’s remarks didn’t constitute a “true threat.” by Dec 19
...In sworn testimony and depositions Mason denied sending or authoring most of the cartoons and anonymous letters even through we are able to show he used identical language and descriptions in email messages/letters he sent to third parties. I filed a motion to have Mason held in contempt. Not only did Titus dismiss my motion, he sanctioned me $25000 for bringing it and when I did not pay it he threw me in the District of Columbia Jail for 97 days where I suffered severe mental and physical abuse. Yes, I was thrown into jail for asking Titus to enforce his own Permanent Injunction! If you think I’m making this up, please look up my appeal to the 4th Circuit, 09-1481. Titus needs to be removed from the bench by impeachment or whatever means are possible. He is a danger to the judiciary and is totally out of control. If you want to learn more just Google “John Acord” + Titus" by Dec 19
Very interesting comment: "I have personal experience with Roger Titus in a case that is relevant and on point. I am a named party in a civil case before Titus. In March 0f 2004 many issues were settled by an Agreed Injunction, which, among other things, required the parties to refrain from making defamatory or derogatory comments or writing about each other. Titus entered a Permanent Injunction. In 2007 I discovered that Roger Mason, owner of a prominent supplement and pharmaceutical enterprise, had been sending anonymous letters to our customers, suppliers, distributors, employees making the most blatant and horrific comments, allegations and threats about myself, my family, and anyone else who supported our case. Among the letters were cartoons portraying my headstone, my body in a cemetery, my body on a gurney in a morgue... by Dec 19
In my opinion, the court ruled correctly. However, the fact that the defendant kept coming up with new twitter handles with which to continue attacking Zeoli, does push things pretty close to the harassment line... by Dec 19
"In his opinion, Judge Titus noted both that Zeoli is a public figure (since she’s a religious leader) and that she could have avoided harassment “simply by averting her eyes from the Defendant’s blog and not looking at, or blocking, his Tweets.” by Dec 19
"Over 8,000 times, using the micro-messaging forum to criticize her looks, criticize Buddhism, describe cinematic ways that she could die and to tell her to commit suicide . Every time Zeoli blocked one of the accounts, Cassidy would create a new username." by Dec 19
Pennsylvania Court Orders Personal Injury Plaintiff to Turn Over Facebook Password to Defendant -- Largent v. ReedTechnology & Marketing Law Blog « Facebook Settles With the FTC -- In re Facebook, Inc. | Main | Fraud Allegations Don't Trump 47 USC 230--Hopkins v.
Police can't search records without probable cause. As a commenter says, this article needs more details. by Nov 19