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It’s Not the Computer, Stupid. It’s the Information in It. Two Recent Indictments Stretch the Limits of “Theft” of Information.

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The legal system persists in framing "computer crime" through the archaic lens of tangible property—theft and conversion—despite the fact that information is non-rivalrous and easily duplicated without depriving the original owner of possession. Recent federal indictments, such as the Van Dyke and SPLC matters, reveal a "doctrinally aggressive" expansion where the government claims universal ownership of information to prosecute misuse rather than disclosure. As the Supreme Court moves to narrow the Computer Fraud and Abuse Act (CFAA) and reject "right to control" theories, a widening gap emerges between prosecutorial tactics and judicial constraints, highlighting a desperate need to shift the legal focus from "ownership" to duties of confidentiality and authorized use.

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The Robot Will See You Now

As these systems move from "pilot" to "permanent," are you more concerned about the erosion of the physician-patient relationship or the potential for hidden economic "steering" within the algorithms?

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Telco Privacy Violation? Fine! No, Telco Privacy Violation, Fine. Supreme Court to Determine if FCC Can Charge Telcos for Data Breaches

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The intersection of constitutional law and cybersecurity enforcement, specifically the Seventh Amendment right to a jury trial in regulatory data privacy cases.
Central Conflict: Whether federal agencies (like the FCC, SEC, or FTC) can administratively impose monetary penalties for data misuse without a jury, or if such actions are "Suits at common law" requiring Article III court proceedings.

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From Analytics to “Interception”: How Website Tracking Became a Wiretap Problem—and What Companies Should Do About It

There is a certain irony in watching a statute designed to prevent clandestine eavesdropping on telephone calls become one of the most aggressively deployed tools against ordinary website functionality. The federal Wiretap Act—codified as part of the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. §§ 2510–2522—was never intended to regulate marketing pixels, session replay scripts,..

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Can AI Help “Solve” The Child Porn Problem? Magic 8 Ball Says, “Answer Hazy – Ask Again Later”

The technological trajectory is clear: Hash-based systems anchored in the National Center for Missing and Exploited Children (“NCMEC”) database remain highly effective for identifying known CSAM, but they are structurally incapable of addressing synthetic, modified, or previously unseen material. Machine learning systems—trained on large corpora of images—offer the only plausible path forward for detecting novel..

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