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*beep* You’ve Been Served! Via Text Message!
There’s an interesting new article online from the Boston College Law Review, entitled “Text Message Service of Process – No LOL Matter: Does Text Message Service of Process Comport with Due Process?”...
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Cellphones Not Considered “Facilities”, Not Protected By SCA
It must be Text Message Wednesday here at IT-Lex. Fannie Garcia worked as a police dispatcher in Laredo, Texas. In November 2008, another “police officer’s wife removed Garcia’s cell phone from an...
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FBI Report Reveals “A Rash Of Sexting”
Late last week, CNN reported on a newly-released FBI Report, from the Bureau’s Office of Professional Responsibility. The report details all the “ethical pitfalls and other violations” faced by FBI...
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Defendant Gets Spoliation Sanctions After Deleting Text Messages
By IT-Lex Intern Joey Chindamo (LinkedIn) Do you delete pesky old text messages, hoping to clear up space on your smartphone? Well, think again, especially if you’re in active litigation. In the...
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In NY, Listening To Voicemail While Driving Not OK; But Talking To Siri Is Fine
By IT-Lex Intern Karina Saranovic (LinkedIn) After a series of lawsuits involving cell phone use on the road, a New York judge issued two opinions earlier this month that serve to clarify state statute...
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Ninth Circuit: Mobile Providers Are Not Illegal File-Sharing Networks
By IT-Lex Intern Joey Chindamo (LinkedIn) We have discussed copyright infringement a number of times recently, but this story is different. This time, the court found in favor of the accused...
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California: Holding Smartphone GPS While Driving Is An Illegal Distraction
Last month, we posted about a recent New York opinion that narrowed how a driver in that state could permissibly use their cell phone. Playing back voicemail recordings was not okay, as you may recall,...
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A Reminder: Don’t Text When You’re On A Jury
How’s this for some glorious symmetry: our very first post on IT-Lex, back in June, concerned jurors’ use of social media. This happens to be our 500th post – hold for applause – and it, too involves a...
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In Ohio, A Lawyer May Solicit A Potential Client Via Text
Last month, the Supreme Court of Ohio’s Board of Commissioners on Grievances and Discipline issued an opinion on a very current issue. The question they sought to answer was: May Ohio lawyers use text...
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Text Messages Under The Fourth Amendment – The Debate Continues
By IT-Lex Intern Joey Chindamo (LinkedIn) Is there an expectation of privacy in text messages? The Washington State Supreme Court will tomorrow hear oral arguments in two very similar cases that both...
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