Domestic Drones/UAVs

Florida has adopted a new law that limits the ability of the state to use drones for surveillance. 
http://www.cnn.com/2013/04/25/us/florida-drone-law/index.html.  The law requires judicial approval before state and local law enforcement may use surveillance drones.  The law makes exceptions for instances where there is "imminent danger to life or serious damage to property" or where there is "credible intelligence" which indicates "a high risk of terrorist attack."  Currently few law enforcement agencies in Florida  have drones.   The CNN article states that Miami and Orange County each have two.

In terms of the Fourth Amendment it is important to note that states may adopt more privacy protections, by statute or by constitutional provision, than are guaranteed under the U.S. Constitution.  Florida has done so by statute in this instance. 

At the federal level the U.S. Supreme Court has decided cases involving surveillance by manned aircraft.  California v. Ciraolo, 476 U.S. 207 (1986).  In that case the police were not required to obtain a warrant before flying over and observing with the naked eye the backyard of the defendant.  Using other equipment beyond human eyesight during the overflight to observe the property would entail a different analysis than Ciraolo.  Also the Supreme Court has recently placed an extra emphasis on property rights in the Fourth Amendment context.  United States v. Jones, 565 U.S. ___; 132 S.Ct. 945; 181 L.Ed.2d 911(2012).  The common law property maxim of cuius est solum eius est usque ad coelum et ad inferos implied that a land owner owned all the land beneath and above his property.    This legal maxim is now limited to the area above or below the ground that the landowner can occupy or use in connection with the land so overflights are not prohibited in this regard unless they are too low to the ground.  United States v. Causby, 328 U.S. 256; 66 S.Ct. 1062; 90 L.Ed. 1206 (1946).  So there might be a property rights based Fourth Amendment argument against drones flying too close to the ground without a warrant.

The Law Office of Kurt T. Koehler, 308 1/2 S. State Street Ann Arbor, Michigan (MI) 48198 (Washtenaw County); Copyright 2012 by Kurt Koehler

Linkedin Account Lawsuit

A federal judge in Pennsylvania ruled that an employer's taking of a former employee's Linkedin account did not constitute a violation of the federal Computer Fraud and Abuse Act. 
http://lawyerist.com/linkedin-account-stolen-by-employer/

That is not surprising as this case is more of a case in state privacy law.  The blog post cited above refers to the Plaintiff's remaining state law claim as one for conversion.  However, the tort of conversion probably isn't the most applicable here.  A right to publicity claim under privacy tort law for misappropriation of her linkedin profile might be more appropriate.  The case facts assert that after the Plaintiff was fired from her job the employer changed the password on her Linkedin account and replaced her name and picture with that of her successor leaving the rest of the profile intact.  It would be a more clear-cut claim if the company had left the Plaintiff's name or photo on the account, but the screen name did not change and it appears neither did the other content on the profile.  So there is probably still enough there for a misappropriation of right of publicity tort assuming that the Plaintiff did not give the employer ownership of or continuing consent to use her right of publicity. 

Privacy tort laws vary from state to state.  Pennsylvania has both statutory and common law versions of the right to publicity tort.  She would have to prove damages as well by showing that account had commercial value and her losses from the misappropriation or she could seek an injunction.  There is also a separate invasion of privacy by misappropriation of name or likeness tort that does not require proof that the misappropriation is commercial in nature.  http://www.citmedialaw.org/legal-guide/pennsylvania-right-publicity-law 

s/ Kurt Koehler
308 1/2 S. State Street Suite 36
Ann Arbor, Michigan 48198
(Washtenaw County)