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Research, Privacy and the Law: What You Need to Know to Avoid Trouble

SKU: IP1400N
Total Credits
2.5 - 3
Price$125
CDs/DVDs Only
This course is only available in CD/DVD format.
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Description

Listening to your phone calls without a judge's warrant is illegal if you're a U.S. citizen. But do the police need a warrant? Can employers monitor and record their employees' phone conversations?

If you are in a position where others might benefit from listening to your conversations, you may be a target of electronic eavesdropping or wiretapping. Is it a federal crime to wiretap without court approval, unless one of the parties has given their prior consent? Is a warrant needed to get emails? Can law enforcement obtain emails with only a subpoena.

The program will explore these and other important privacy issues in a comprehensive look at privacy and the law for individuals within the U.S. An examination of the wide landscape of emerging privacy issues will be provided, and hopefully simplified, with an approach which will answer most privacy queries and an exploration of the specific law applicable to each potential intrusion on one’s privacy.

  • Where the intruder could be the government, any corporate enterprise which tracks you, your employer, or the public in general.
  • Where the medium could be your phone (voice or text), your email, your cloud storage or your web browser.
  • Where the law would be the current legislation or case law which applies in each intruder/medium combination

A discussion of trends and the future of privacy from the vantage point of new and emerging technology as well as ethical issues for practitioners is provided.

Lecturer Bios

Hon. James C Francis IV

James C. Francis IV has been a United States Magistrate Judge in the Southern District of New York since October 1985. He received his B.A. from Yale College in 1974, his juris doctor degree from the Yale Law School in 1978, and a masters degree in public policy from Harvard University, also in 1978. Following graduation from law school, Judge Francis clerked for the Honorable Robert L. Carter in the Southern District of New York. He then joined the Civil Appeals and Law Reform Unit of the Legal Aid Society where he conducted impact litigation in the areas of housing and education and served as director of the Disability Rights Unit. Judge Francis currently serves as an Adjunct Professor at the Fordham University School of Law where he teaches Constitutional Torts.

In the field of electronic data and the law, Judge Francis is the author of Rowe Entertainment, Inc. v. William Morris Agency, 205 F.R.D. 421 (S.D.N.Y. 2002) (allocation of costs), Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004) (obligation to preserve ephemeral data), Treppel v. Biovail Corp, 233 F.R.D. 363 (S.D.N.Y. 2006) (standards for preservation orders), Rozell v. Ross-Holst, 2006 WL 163143 (relevance of e-mails to claim of computer hacking), Treppel, 249 F.R.D. 111 (S.D.N.Y. 2008) (remedies for spoliation of electronically stored information), Richard Greene (Fine Paintings) v. McClendon, 262 F.R.D. 284 (S.D.N.Y. 2009) (consequences of destruction of electronically stored information), Orbit One Communications, Inc. v. Numerex Corp., 271 F.R.D. 429 (S.D.N.Y. 2010) (prerequisites for spoliation sanctions), Chen-Oster v. Goldman, Sachs & Co., 2012 WL 3964742 S.D.N.Y. 2012) (proportionality, sampling, and phased discovery), and US Bank NA v. PHL Variable Ins. Co. , 2012 WL 5395249 (S.D.N.Y. 2012) (proportionality, cost-shifting, and privilege review).

Dan Jordan

Director of Library Services at NYCLA

Joseph J. Bambara, Esq.

Joseph J. Bambara is currently In House Counsel and a VP of technology architecture at UCNY, Inc. His e-mail address is jbambara@ucny.com. For the last 15 years, he has been acting as Counsel for small to mid-size technology firms in the metro area. Most recently, he has worked on cloud computing, social networking, mobile media and outsourcing contracts. He has done work with intellectual property especially as it pertains to mobile and enterprise software, SMS mobile marketing issues as well as trade/service marks. In addition to presentations at Lawline, he has done CLE’s on law and technology for New York County, the New York City Bar Association and National Constitution Center. Prior entrepreneurial career includes developing applications for the financial, brokerage, manufacturing, medical, and entertainment industries on the mobile and enterprise platforms. Mr. Bambara has a Bachelor's and a Master's degree in Computer Science. He holds a Juris Doctorate in Law and is admitted to the New York State Bar. He has taught various computer courses for CCNY's School of Engineering. He is member of the New York County Lawyers Association Cyberspace Committee and an active member in the International Technology Law Association. He has authored the following books: Sun Certified Enterprise Architect for J2EE Study Guide (Exam 310-051) (McGraw-Hill, 2007), J2EE Unleashed (SAMS 2001), PowerBuilder: A Guide To Developing Client/Server Applications (McGraw-Hill, 1995), Informix: Client/Server Application Development (McGraw-Hill, 1997), Informix: Universal Data Option (McGraw-Hill, 1998), SQL Server Developer's Guide (IDG, 2000). He has taught numerous courses and given many presentations on all aspects of the law and enterprise and mobile development in cities worldwide, including Los Angeles, Vienna, Paris, Berlin, Orlando, Nashville, New York, Copenhagen, Oslo, and Stockholm.

Monique Altheim, Esq. CIPP

Monique Altheim is a member of Paul, Weiss, Rifkind, Wharton & Garrison LLP’s international ediscovery team. She specializes in global data protection issues in the context of cross-border ediscovery productions. Prior to joining Paul, Weiss, Altheim was the principal of The Law Office of Monique Altheim, where she counseled clients on cross-border data transfers, Safe Harbor, BCRs, Model Contracts, E.U. Data Protection Directive, EU data privacy framework review, global privacy cross-border ediscovery, e-discovery, U.S. federal and bstate privacy laws, such as GLBA, FACTA, FCRA, FERPA, TSR, CAN-SPAM, COPPA, ECPA, SCA, HIPAA, and Data Breach Notification State Laws. Prior to practicing law in New York, Altheim practiced law for many years in Belgium as an admiralty and maritime litigator. Altheim is a member of the International Association of Privacy Professionals (IAPP) Teaching Faculty. She trains candidates for the Certified Information Privacy Professional(CIPP) exams. Altheim is a frequent speaker at national and international conferences; She runs a blog ediscoverymap.com and has developed her own mobile privacy and ediscovery information sharing app for iPhone/iPad and Android. Altheim is fluent in six languages and is a dually qualified attorney in New York and Belgium. She holds a JD from Universiteit Antwerpen.



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