California Senator Mark Leno recently introduced Senate Bill 467, a bill that would declare the intent of the Legislature to enact legislation prohibiting a government entity from obtaining the contents of a wire or electronic communication from a provider of electronic communication service or remote computing service. California Penal Code § 1524 authorizes a court or magistrate to issue a warrant for the search of a place and the seizure of property or things identified in the warrant where there is probable cause to believe that specified grounds exist, and also provides for a warrant procedure for the acquisition of stored communications in the possession of a provider of electronic communication service or remote computing service. Specifically, a search warrant may be issued pursuant to Subsection (a)(7) “[w]hen a provider of electronic communication service or remote computing service has records or evidence, as specified in Section 1524.3, showing that property was stolen or embezzled constituting a misdemeanor, or that property or things are in the possession of any person with the intent to use them as a means of committing a misdemeanor public offense, or in the possession of another to whom he or she may have delivered them for the purpose of concealing them or preventing their discovery.” If a search warrant is granted, Section 1524.3 requires the disclosure of the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of the services, and the types of services the subscriber or customer utilized. Under existing law, a governmental entity receiving subscriber records or information under this Section 1524.3 is not required to provide notice to a subscriber or customer. S.B. 467 has been referred to the Committee on Rules for assignment.
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On March 12th, the Federal Trade Commission issued a report updating its mobile and online advertising guidelines. The recently issued report was a follow-up to the year 2000 “Dot Com Disclosures” to address the marked technical and legal changes that have occurred in the past 13 years. The FTC guidelines emphasize that no matter how technology changes the delivery of content, consumer protection laws continue to apply equally “across all mediums, whether delivered on a desktop computer, a mobile device, or more traditional media such as television, radio, or print.” The intent of the report is to assist advertisers to better identify when a disclosure is needed in connection with social media ads and how best to ensure that any disclosures are conspicuous and not deceptive. In order to maximize its usefulness, the report used more than 20 mock ads to illustrate the updated principles.
As use of social media continues to increase, so do concerns by employers regarding employee use of social media as it relates to the workplace. In response, many employers are drafting new or revised policies covering use of social media particularly as it pertains to confidentiality, privacy, intellectual property, and contact with the media and government agencies.