Wednesday, August 14, 2013

Scanning Private Emails is a Clear Violation of Katz v. United States: We Think that The LAW is About to Come Down Hard on Privacy Violators, including Facebook

The idea that private emails can be scanned by email portals for purposes of advertising shows that the large tech companies have completely lost sight of the realities.

The Next Web looks at the matter in light of Smith v. Maryland, 442 U.S. 735 (1979), at
No, Google did not say that there is no privacy in Gmail,
a precedent which has little bearing on the issue,
being far different in the relevant facts.

But of course, the scanning of private emails for advertising purposes is a clear violation of Katz v. United States, 389 U.S. 347 (1967), similar to Facebook's legally unsupportable use of private materials for its "graph search", even those that users have intentionally hidden.

Both companies should be assessed with heavy multi-billion-dollar fines and an end should be put to these egregious violations of privacy.

The Practice of Law as a Profession and Not as a Business: Are Average Profits Per Partner (PPP) an Outdated Standard of Legal Success?

I am reminded in this context of Judge Simon Rifkind's philosophy at the law firm of Paul | Weiss in the days when I was an Associate at that firm:
"The practice of Law is not a business -- it is a profession."
Read the seminal article on "Profits Per Partner" (PPP) as perhaps representing an outdated standard to measure law firms -- similar to the recent bubble-based ousting of "shareholder value" as the most important yardstick to measure corporations. See Death to "Profit Per Partner" - Law21.

The AmLaw 100, for example, is mostly all about money, and to that degree, represents only one side of the real legal world of BigLaw.

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