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In 2013, federal agents obtained an 18 U.S.C. 2703 warrant requiring Microsoft to disclose all e-mails and other information associated with a customer's account that was believed to be involved in illegal drug trafficking. Microsoft determined that the account’s e-mail contents were all stored in Microsoft’s Dublin, Ireland datacenter and moved, unsuccessfully, to quash the warrant with respect to that information. The court held Microsoft in civil contempt. The Second Circuit reversed, holding that requiring Microsoft to disclose the electronic communications in question would be an unauthorized extraterritorial application of section 2703. In March 2018, Congress enacted and the President signed the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), Pub. L. 115–141, amending the Stored Communications Act, 18 U.S.C. 2701, to add: “A [service provider] shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider’s possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States.” The Supreme Court vacated, finding the case moot. No live dispute remains between the parties over the issue with respect to which certiorari was granted; a new warrant replaced the original warrant. View "United States v. Microsoft Corp." on Justia Law

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In 2008 Oncor began installing smart meters that can report customers’ electricity usage remotely, eliminating the need for personal inspection and the associated labor costs. In 2012 a Texas Senate committee investigated whether smart meters have harmful effects on public health.” Reed, an Oncor “trouble man” who completed ad hoc repair jobs and responded to power outages, who was also the union's business manager and financial secretary, volunteered to testify. Reed signed the witness list as representing the union. During his brief testimony, Reed said he represented the local union and spoke of the meters burning, testified to receiving repair orders or damaged boxes after the meters burned, and spoke of experiences with disgruntled customers. Oncor investigated, concluded that Reed’s testimony was false, and terminated his employment. An ALJ found a violation of the National Labor Relations Act by interfering with Reed’s protected union activities. The NLRB affirmed. The D.C. Circuit remanded, directing the NLRB to clarify its decision under a two-prong test for assessing whether employees’ third-party appeals constitute protected concerted activity or amount to such detrimental disloyalty as to permit termination for cause. Even disparaging statements can enjoy protection where the communication indicates it is related to an ongoing dispute between the employees and the employers and the communication is not so disloyal, reckless or maliciously untrue as to lose protection. View "Oncor Electric Delivery Compan v. National Labor Relations Board" on Justia Law

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In 2012, a Pasadena officer shot and killed an unarmed man, resulting in multiple investigations, including by the Office of Independent Review Group (OIR). The Los Angeles Times made requests under the California Public Records Act (PRA), Gov. Code, 6250, seeking disclosure of the OIR’s 2014 report. Officers sought to enjoin the report’s disclosure. The court of appeal affirmed the denial of the officers' petition in 2015, finding that the report is a public document, and remanded for issuance of a new or modified judgment. The Times then sought attorney fees from the city under the PRA and from the two involved police officers and the Pasadena Police Officers Association, under the private attorney general statute (Code Civ. Proc., 1021.5). The trial court awarded the Times limited fees against the city and declined to award the Times any fees under section 1021.5. The court of appeal affirmed the award of limited fees under the PRA but reversed the order awarding no fees under the private attorney general statute, directing the trial court to award the Times reasonable fees against the officers and/or the Pasadena Police Officers Association. View "Pasadena Police Officers Association v. City of Pasadena" on Justia Law

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Telecommunications carriers with legacy obligations petitioned for review challenging the FCC's decision to hold their obligations in place during an interim period. The DC Circuit denied the petitions for review for two reasons. First, the court owed deference to the FCC's decision to hold a preexisting regime in place for an interim period, so as to avoid commandeering agency resources and to respect the agency's judgments about how to maintain baseline universal service in the context of uncertainties attending a major regulatory transition. Second, in response to petitioners' generalized allegations that vulnerable consumers do not need the disputed services and that the existing program leaves petitioners with underfunded obligations, the FCC has made clear that it will grant case-by-case forbearance or supplemental funding in areas where providers can meet their burden to show that their services were not required or that they needed additional financial help. View "AT&T, Inc. v. FCC" on Justia Law

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The Eighth Circuit affirmed the district court's grant of summary judgment to the City and ImOn in an action brought by Mediacom, seeking declarations that certain resolutions were void and that the City could not permit a potential cable provider to construct a "cable system" without acquiring a cable franchise. Mediacom also alleged contract violations, tortious interference, civil conspiracy, and Equal Protection violations, all depending on whether ImOn could lawfully build a fiber-optic network without a franchise. The court held that ImOn's fiber-optic network was not a "cable system," because ImOn has not provided or proposed to provide cable services. Therefore, the agreements at issue authorizing ImOn's construction of a fiber-optic network were not a de facto cable franchise. In regard to Mediacom's equal protection claim, the court also held that the district court properly concluded that ImOn and Mediacom were not similarly situated because only Mediacom was a cable provider in the City, and the district court did not abuse its discretion in denying Mediacom's motion for discovery. View "MCC Iowa v. Iowa City" on Justia Law

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Verizon filed suit challenging the Board's denial of its application for a special use permit to construct a cellular communications tower. The district court dismissed the action as time-barred under the thirty-day limitations period of the Telecommunications Act of 1996 (TCA). The Eleventh Circuit reversed, holding that the Board's action became final not when the Clerk entered a document in the Ordinances and Resolutions books, as the district court found, but when the Board approved the minutes of the meeting at which it voted on Verizon's application. The court reasoned that only when an applicant receives sufficient notice does the decision become "final," and only then can the thirty-day clock begin to run. In this case, the minutes, created pursuant to published statute, provided the notice that due process and the Supreme Court's interpretation of the TCA required. View "Athens Cellular, Inc. v. Oconee County, Georgia" on Justia Law

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The Ninth Circuit affirmed the district court's grant of summary judgment for defendant in an action alleging that defendant violated the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. 227, by calling her repeatedly through an automatic telephone dialing system. The panel held that plaintiff, by completing and submitting a health insurance enrollment form, gave prior express consent to receive quality assurance calls. View "Fober v. Management and Technology Consultants, LLC" on Justia Law

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HomeAway, an online forum that allows owners to list their properties for short-term rentals and connect with individuals who want to rent a house or apartment, rather than stay in a hotel, is not a party to those rental transactions. San Francisco requires owners who rent out property to obtain a registration certificate from the treasurer; short-term renters must pay a transient occupancy tax. A recent report on short-term rentals in San Francisco showed that most owners did not comply with those requirements. San Francisco obtained a court to enforce an administrative subpoena, requiring HomeAway.com to disclose data about San Francisco rental transactions. The court of appeal affirmed the order, rejecting arguments that the subpoena violated the Stored Communications Act, 18 U.S.C. 2701–2712, which regulates the government’s ability to compel disclosure of some electronic data stored on the Internet, and that enforcing the subpoena would violate its customers’ constitutional rights. Even if HomeAway is “covered” by the Act, there is no violation because San Francisco used an authorized procedure. In addition, the subpoena does not require HomeAway to disclose electronic communications but seeks very specific information about hosts who use HomeAway to offer to rent property and about bookings. It does not command HomeAway to produce any customer's electronic communication or login information. View "City and County of San Francisco v. HomeAway.com, Inc." on Justia Law

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Credit One repeatedly called A.D.’s (a minor) cell phone about payments owed on her mother’s account. A.D., by and through her mother, Serrano, brought a putative class action under the Telephone Consumer Protection Act, 47 U.S.C. 227(b)(1)(A), seeking compensation for telephone calls placed by Credit One to her telephone number in an effort to collect a debt that she did not owe. During discovery, Credit One realized that its caller ID capture system had added A.D.’s phone number to its database when Serrano used A.D.’s phone to access her account. A.D. had apparently used the card, once, at her mother’s request, when she was 14 years old, in 2014. Credit One moved to compel arbitration and to defeat A.D.’s motion for class certification based on a cardholder agreement between Credit One and Serrano. The district court granted the motion to compel arbitration but certified for interlocutory appeal the question whether A.D. is bound by the cardholder agreement. The Seventh Circuit reversed the order compelling arbitration. A.D. is not bound by the terms of the cardholder agreement to arbitrate and has not directly benefited from the cardholder agreement such that equitable principles require the application of the arbitration clause against her. View "A.D. v. Credit One Bank, N.A." on Justia Law

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In 2006, Randall hired Business to Business Solutions to fax unsolicited advertisements for his roofing company to thousands of fax numbers. The first transmissions were sent on March 29 after Randall’s office manager, Clemmer, with Miley’s (the company’s president and co-owner) handwritten approval, confirmed by fax the content, the quantity of faxes t, and the areas to be targeted. Randall received complaints and Clemmer contacted Solutions to have several fax numbers removed from the list. On March 31, Solutions sent a second wave of faxes, which prompted several recipients to ask that their fax numbers removed. Two days later came a third burst of transmissions; on May 15, Solutions sent a final “blast” of 12,000 faxes. City Select, on behalf of itself and a class of similarly-situated fax recipients, sued Randall and Miley under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Third Circuit affirmed a judgment finding Miley not liable, upholding a jury instruction that asked whether Miley had “direct, personal participation at a level of involvement that was ‘significant.’” View "City Select Auto Sales Inc. v. David Randall Associates Inc." on Justia Law