Digital Privacy

Privacy Faces its Greatest Challenge in the Digital Age

Today, much of daily life is carried on through interaction in the digital world. We constantly communicate digitally with text, video, photos, and audio. We carry on our personal relationships digitally through online social media and email. We also do our banking digitally. We pay for things at the store digitally. We entertain ourselves digitally.

And the digital world never blinks. There is now a digital record of virtually every interaction you have with the world beyond your home, and even sometimes what is going on inside your home.As a result, intrusions into our lives, whether on purpose or by accident, are inevitable, and the opportunity to share and profit from our most private information is unprecedented and nearly limitless. As our society reaps the benefits of technological innovation – smarter phones, savvier social media platforms, snappier apps, computing in the cloud – we must rise to the challenge to maintain the traditional common law values of privacy and to protect our fundamental right to a private life.

Lawyers Dedicated to Preserving Privacy

Lieff Cabraser is committed to ensuring that the fundamental right to privacy is respected and endures even as technology evolves and society changes.Our attorneys possess extensive experience and the requisite technological background to successfully assert and litigate all manner of privacy claims. We represent individuals in precedent-setting cases impacting tens of millions of Americans against prominent technology, social media, and entertainment corporations for alleged violations of digital privacy rights and the failure to protect critically-sensitive employee data.

Significant Digital Privacy Lawsuits

  • The Ninth Circuit Court of Appeals held in our Google Street View case that federal privacy law applies to residential Wi-Fi networks. The decision, argued by Elizabeth Cabraser, was hailed as “a landmark decision for Internet privacy.” The Court rejected Google’s assertion that it could gather email messages, usernames, passwords, images, documents, and other personal information from individuals without their knowledge or authorization because data transmitted over a Wi-Fi network is a “radio communication” and is “readily accessible to the public.”
  • Lieff Cabraser represents plaintiffs in litigation against Facebook for allegedly scanning and intercepting users’ private email messages on its social network. Ruling on a motion to dismiss argued by Michael Sobol, Judge Phyllis Hamilton stated: “An electronic communications service provider cannot simply adopt any revenue-generating practice and deem it ‘ordinary’ by its own subjective standard.” The case is proceeding to discovery.
  • Lieff Cabraser serves as Plaintiffs’ Interim Co-Lead Counsel in litigation against Sony Pictures Entertainment, Inc. for its failure to properly safeguard against external hacking, and thereby causing the personally identifiable information of thousands of current and former Sony employees to be made readily available on the Internet. Corporations should not only be prevented from spying on citizens, but those that gather and maintain personally identifiable information as a prerequisite to employment need to be held accountable for maintaining that information in a safe way.
  • Lieff Cabraser recently initiated litigation against Intuit arising out of its TurboTax service, used to file an estimated 30 million tax returns for American taxpayers every year. The complaint alleges that Intuit failed to take adequate precautions to prevent cybercriminals from filing thousands of fraudulent tax returns in the names of the plaintiffs and thousands of other individuals across America, including persons who never purchased TurboTax.
  • Lieff Cabraser is plaintiffs’ counsel in class litigation against Samsung, LG, Motorola, HTC, and Carrier IQ alleging that smartphone manufacturers violated privacy laws by installing tracking software, called IQ Agent, on millions of cell phones and other mobile devices that use the Android operating system. Without notifying users or obtaining consent, IQ Agent tracks users’ keystrokes, passwords, apps, text messages, photos, videos, and other personal information and transmits this data to cellular carriers.
  • Lieff Cabraser serves as plaintiffs’ counsel in litigation against Internet advertiser Turn, Inc. for its role in allegedly converting customers’ mobile devices into tracking beacons to monitor users’ behavior without their knowledge or consent, even in disregard of their cache-clearing efforts to prevent such tracking.

Right of Publicity and Data Security Lawsuits

The unauthorized use of one’s name and image for commercial purposes can be as harmful to an individual as covertly obtaining private and personal information.

  • Lieff Cabraser represents individuals who joined LinkedIn’s network and, without their consent or authorization, had their names and likenesses used by LinkedIn to endorse LinkedIn’s services and send repeated emails to their contacts asking that they join LinkedIn.
  • Lieff Cabraser represents consumers enrolled with health care providers that failed to take reasonable measures to secure social security numbers, medical records, and other personal, confidential data in their possession from hackers. Corporations and organizations that hold personally identifiable information, and, in particular, confidential personal health information, owe a duty to safeguard this information and protect such information from being compromised, stolen, or misused.

Lieff Cabraser’s Cases in Digital Privacy


CaseIssue
Anthem Patient Data BreachFailure to safeguard private medical data
Carrier IQ PrivacySmartphone tracking software
Facebook MessagesScanning of private messages
Google Street ViewInterception of private communications
Sony Data BreachFailure to safeguard employee records
TurboTaxIdentity theft and tax fraud
Turn Web Tracking SoftwareSmartphone "zombie" cookies
VTech Child Data BreachFailure to safeguard child data


CaseAllegation
21st Century Oncology Patient Data BreachFailure to safeguard confidential patient medical records
Experian Data BreachFailure to adequately safeguard personal/financial data


CaseResult
LinkedIn "Add Connections"$13 million settlement (2016)
AT&T and NSA SurveillanceAT&T Granted Immunity by Congress; lawsuit halted (2008)

Contact Us

Please use the form below to contact a digital privacy attorney at Lieff Cabraser. You can also call us toll-free at 1 800 541-7358. There is no charge or obligation for our review of your case.We will review your case without charge or obligation. Lieff Cabraser agrees to protect your name and all confidential information you submit against disclosure, publication or unauthorized use to the full extent under the law. For the quickest reply, please provide your telephone number.

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