20 Cited authorities

Lockhart v. Fretwell
506 U.S. 364 (1993) Cited 6,848 times 14 Legal Analyses
Holding petitioner was not prejudiced by trial counsel's failure to object to sentencing enhancement
Davis v. Alaska
415 U.S. 308 (1974) Cited 5,689 times 11 Legal Analyses
Holding that this confrontation right is applicable to state and federal defendants alike
Pennsylvania v. Ritchie
480 U.S. 39 (1987) Cited 2,674 times 11 Legal Analyses
Holding that "criminal defendants have the right to the government’s assistance in compelling the attendance of favorable witnesses at trial and the right to put before a jury evidence that might influence the determination of guilt"
Snow v. Directv, Inc.
450 F.3d 1314 (11th Cir. 2006) Cited 698 times
Holding that the plaintiff's "vague and conclusory allegations" presented in his complaint were insufficient to establish a prima facie case of personal jurisdiction over a defendant
Guest v. Leis
255 F.3d 325 (6th Cir. 2001) Cited 254 times 5 Legal Analyses
Holding that "computer users do not have a legitimate expectation of privacy in their [bulletin board] subscriber information because they have conveyed it to another person"
Konop v. Hawaiian Airlines, Inc.
302 F.3d 868 (9th Cir. 2001) Cited 212 times 5 Legal Analyses
Holding that Congress added protection of "electronic communications" to the Wiretap Act in order "to afford [them] privacy protection"
U.S. v. Steiger
318 F.3d 1039 (11th Cir. 2003) Cited 199 times 2 Legal Analyses
Holding intercept did not occur because there was no contemporaneous acquisition but commenting that under the narrow reading of the statute few seizures will constitute interceptions under Wiretap Act
U.S. v. Lifshitz
369 F.3d 173 (2d Cir. 2004) Cited 163 times 8 Legal Analyses
Holding that, like letter-writers whose expectation of privacy ends upon delivery of the letter, individuals do not possess a legitimate expectation of privacy “in transmissions over the Internet or e-mail that have already arrived at the recipient”
Crispin v. Christian Audigier, Inc.
717 F. Supp. 2d 965 (C.D. Cal. 2010) Cited 121 times 12 Legal Analyses
Holding that Facebook posts are stored "for purposes of backup protection" under SCA by analogizing to electronic bulletin boards specifically discussed in SCA's legislative history
Ehling v. Monmouth-Ocean Hosp. Serv. Corp.
961 F. Supp. 2d 659 (D.N.J. 2013) Cited 39 times 9 Legal Analyses
Holding posts on one's own, non-public Facebook wall are protected under the ECPA in part by analogizing to electronic bulletin boards
Section 2510 - Definitions
18 U.S.C. § 2510 Cited 4,248 times 76 Legal Analyses
Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
Section 18 - Organization defined
18 U.S.C. § 18 Cited 3,152 times 7 Legal Analyses
Stating that the term "organization" means "a person other than an individual"
Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited
18 U.S.C. § 2511 Cited 2,780 times 42 Legal Analyses
Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”
Section 2701 - Unlawful access to stored communications
18 U.S.C. § 2701 Cited 1,323 times 135 Legal Analyses
Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
Section 2702 - Voluntary disclosure of customer communications or records
18 U.S.C. § 2702 Cited 344 times 24 Legal Analyses
Restricting use of Internet subscriber information without consent

FACEBOOK v. S.C.

20 Cited authorities

Holding petitioner was not prejudiced by trial counsel's failure to object to sentencing enhancement

Holding that this confrontation right is applicable to state and federal defendants alike

Holding that "criminal defendants have the right to the government’s assistance in compelling the attendance of favorable witnesses at trial and the right to put before a jury evidence that might influence the determination of guilt"

Holding that the plaintiff's "vague and conclusory allegations" presented in his complaint were insufficient to establish a prima facie case of personal jurisdiction over a defendant

Holding that "computer users do not have a legitimate expectation of privacy in their [bulletin board] subscriber information because they have conveyed it to another person"

Holding that Congress added protection of "electronic communications" to the Wiretap Act in order "to afford [them] privacy protection"

Holding intercept did not occur because there was no contemporaneous acquisition but commenting that under the narrow reading of the statute few seizures will constitute interceptions under Wiretap Act

Holding that, like letter-writers whose expectation of privacy ends upon delivery of the letter, individuals do not possess a legitimate expectation of privacy “in transmissions over the Internet or e-mail that have already arrived at the recipient”

Holding that Facebook posts are stored "for purposes of backup protection" under SCA by analogizing to electronic bulletin boards specifically discussed in SCA's legislative history

Holding posts on one's own, non-public Facebook wall are protected under the ECPA in part by analogizing to electronic bulletin boards

Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

Stating that the term "organization" means "a person other than an individual"

Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

Restricting use of Internet subscriber information without consent