Nov 22 2012
Thursday News: Cloud based emails have no protection; 50 Shades sends out C&D in France; Nook $59 at BN
“Some of these titles, which pick up on elements of the book, are clearly parasitical,” said Laurent Laffont, editorial director at Lattes, which trademarked the title at the request of the agent of author E.L. James.
“All your emails that are more than six months old are legally treated as online “storage” and accessible with a court order or a subpoena to the online service provider. The providers can say no, but usually they don’t. By contrast, listening in on someone’s phone calls requires a warrant based on probable cause, along with a showing that the FBI has done everything else in their power to acquire the information they’re seeking. Now that many people communicate more frequently via email and instant messages than via phone conversations, the difference in standards doesn’t make much sense. Senator Patrick Leahy (D-Vt.) has proposed a bill that would subject requests for online communications to the same high standards required for tapping phones, but Congress doesn’t seem all that interested in passing it yet.”