Tag Archives: phone

E-Mails and NRLB: Do Employees Have Rights?

On April 30, 2014, the NLRB announced that it is considering overturning Register Guard, 351 NLRB 110 (2007), enfd. in relevant part and remanded sub nom, Guard Publishing v. NLRB, 571 F.3d 53 (D.C. Cir. 2009).

The issue resolves around the current existing law that states:

Employees have no statutory right to use the[ir] Employer’s e-mail system for Section 7 purposes.

The NLRB is requesting amici briefs that address the following questions:

  1. Should the Board reconsider the conclusion in Register Guard that employees do not have a statutory right to use their employer’s email system (or other electronic communication systems) for Section 7 purposes?
  2. If the Board overrules Register Guard, what standard(s) of employee access to the employer’s electronic communication systems should be established? What restrictions, if any, may an employer place on such access, and what factors are relevant to such restrictions?
  3. In deciding the above questions, to what extent and how should the impact on the employer of employees’ use of an employer’s electronic communications technology affect the issue?
  4. Do employee personal electronic devices (e.g., phones, tablets), social media accounts, and/or personal email accounts affect the proper balance to the be struck between employers’ rights and employees’ Section 7 rights to communicate about work-related matters? If so, how?
  5. Identify any other technological issues concerning email or other electronic communication systems that the Board should reconsider in answering the foregoing questions, including any relevant changes that may have occurred in electronic communications technology since Register Guard was decided. How should these affect the Board’s decision?

 

The briefs are due on or before June 16, 2014 and cannot exceed 25 pages.

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Filed under attorneys, briefs, civil rights, electronic discovery, employment, federal, labor, legal decision, NLRA, NLRB, rules, Section 7, union

Government Can Track Cellphones Without Warrants

Mostly everyone has a cell phone.  A lot of smartphones have GPS capabilities.  This can be handy when you are looking for directions and you are lost.  However, what about being tracked?  For instance, unless you change your privacy settings, your photos will keep track of where you took the picture and what time.

The question the Fifth Circuit Court of Appeals decided is whether the government needs a warrant to track you.  In In re: Application of the U.S.A. for Historical Cell Site Data (July 30, 2013 5th Cir. Ct.), the court ruled that obtaining cell-location information without a warrant  did not violate the Fourth Amendment.

When we think of the Fourth Amendment we remember that a search and seizure may require a warrant.  If there is no expectation of privacy, i.e. in a garbage bag we got rid of, then the government wouldn’t need a warrant.  However, if we have an expectation of privacy, i.e. to enter your house, then the government must have a warrant.

An expectation of privacy usually is the crux of a search and seizure case.  Here, the ACLU argued that people have a reasonable expectation of privacy when they are being tracked for a long period of time and the data gathered is collected in great detail.

In this case, this argument was not discussed by the court.

Why would this not be discussed?  The Fourth Amendment deals with government actions.  In other words,  the seizure or search has to be collected by the government.  In a similar case, the Supreme Court had decided that the government must obtain a warrant if it wants to install a GPS tracking device.  See United States v. Jones (2012).

However, this case was found to be different.  The reason for this is because the Fifth Circuit Court of Appeals found that the information was collected by a third-party, i.e. the cell phone carrier.  The court explained,

Where a third party collects information in the first instance for its own purposes, the Government claims that it can obtain this information later with a [section] 2703(d) order, just as it can subpoena other records of a private entity.  We agree.

Id. (citations omitted).

Here, the government was not installing a GPS tracking device.  The Government was accessing a business record owned by carriers.  The court stated:

… cell site information is clearly a business record.  The cell service provider collects and stores historical cell site data for its own business purposes, perhaps to monitor or optimize service on its network or to accurately bill its customers for the segments of its network that they use.   The Government does not require service providers to record this information or store it.  The providers control what they record and how long these records are retained.

Consequently, the court found that the Government did not need a warrant.

via Cops Can Track Cellphones Without Warrants, Appeals Court Rules | Threat Level | Wired.com.

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Filed under civil rights, courts, discovery, electronic discovery, federal, legal decision, legal research, Privacy Rights, technology

ACLU challenges NSA surveillance

On June 11th, the ACLU filed a lawsuit challenging the NSA’s surveillance program.  The ACLU lawsuit alleges that the program violates the First Amendment rights or free speech and association, the right to privacy under the Fourth Amendment, and that the surveillance program exceeds the authority provided by the Patriot Act.

ACLU, a customer of Verizon, made the following comments:

This dragnet program is surely one of the largest surveillance efforts ever launched by a democratic government against its own citizens.

It is the equivalent of requiring every American to file a daily report with the government of every location they visited, every person they talked to on the phone, the time of each call, and the length of every conversation.  The program goes far beyond even the permissible limits set by the Patriot Act and represents a gross infringement of the freedom of association and the right to privacy.

The complaint can be accessed here.

via ACLU Files Lawsuit Challenging Constitutionality of NSA Phone Spying Program | American Civil Liberties Union.

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Online Retailer and Personal Information

If you have bought anything online, you are aware that the online retailer keeps information that you provide.  For example, your name, your credit card, your address, your phone number.  The question decided in California regarded the anti fraud statute.  Can online retailers require you to provide this information?

The California Supreme Court held in Apple Inc. v. Superior Court of Los Angeles County, et al., (Feb 4, 2013) that Apple could require personal information from customers who make downloadable purchases on iTunes.

The plaintiffs alleged Apple violated the Song-Beverly Credit Card Act, section 1747.08(d), by requiring this information from customers.

The California Supreme Court rejected this claim because:

Unlike a brick-and-mortar retailer, an online retailer cannot visually inspect the credit card, the signature on the back of the card, or the customer’s photo identification.

Thus, section 1747.08(d) – the key anti fraud mechanism in the statutory scheme – has no practical application to online transactions involving electronically downloadable products.  We cannot conclude that if the Legislature in 1990 had been prescient enough to anticipate online transactions involving electronically downloadable products, it would have intended section 1747.08(a)’s prohibitions to apply to such transactions despite the unavailability of section 1747.08(d)’s safeguards.

 

via Courthouse News Service.

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Filed under civil rights, legal decision, Privacy Rights