Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Cyber Law: Software and Computer Networks: Volume 2

Cyber Law: Software and Computer Networks: Volume 2

Publications, Landmark

Paperback

General Law

ISBN13: 9798584493042
Publisher: Independently Published
Published: Dec 24 2020
Pages: 534
Weight: 1.56
Height: 1.08 Width: 6.00 Depth: 9.00
Language: English
THIS CASEBOOK contains a selection of U.S. Court of Appeals decisions that analyze and discuss issues surrounding cyber law. Volume 2 of the casebook covers the Fifth through the Eleventh Court of Appeals. * * * Title I of the Electronic Communications Privacy Act includes a private right of action, 18 U.S.C. 2520, against anyone who intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication, 18 U.S.C. 2511(1)(a). [The ECPA also prohibits] the intentional use of the contents of information knowingly obtained through such interception. See id. 2511(1)(d). The California Invasion of Privacy Act (CIPA), [ ] likewise includes a private right of action, Cal. Penal Code 637.2(a), and [ ] similarly prohibits the unauthorized reading, or attempting to read, of any message, report, or communication while the same is in transit or passing over any wire, line, or cable, as well as the use of any information so obtained. Cal. Penal Code 631(a). * * * The harms protected by these statutes bear a close relationship to ones that have traditionally been regarded as providing a basis for a lawsuit. See Spokeo I, 136 S. Ct. at 1549. Violations of the right to privacy have long been actionable at common law. Eichenberger, 876 F.3d at 983. And one of the several privacy torts historically recognized was unreasonable intrusion upon the seclusion of another, which traditionally extends to, among other things, tapping ... telephone wires as well as opening ... private and personal mail. Restatement (Second) of Torts 652B cmt. b. There is a straightforward analogue between those traditional torts and the statutory protections codified in ECPA and CIPA against viewing or using private communications. Moreover, under the privacy torts that form the backdrop for these modern statutes, [t]he intrusion itself makes the defendant subject to liability. Restatement (Second) of Torts 652B cmt. b. In other words, 'privacy torts do not always require additional consequences to be actionable.' Patel, 932 F.3d at 1274 (quoting Eichenberger, 876 F.3d at 983). Thus, historical practice provides support not only for the conclusion that wiretapping is actionable, but also for the conclusion that a wiretapping plaintiff need not allege any further harm to have standing. See Eichenberger, 876 F.3d at 984. Campbell v. Facebook, Inc., 951 F. 3d 1106 (9th Cir. 2020).

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