The following is a guest blog post by Harmony Groves Kessler, a solo practitioner assisting individuals, small businesses, and attorneys with legal issues in criminal defense, business contracts/transactions and public agency law in northern California. She is the former Mayor of Arcata, California, where she served a four-year term on the City Council.
Just days after the Apple tracking scandal broke, two Apple customers have sued the technology giant over its recording of location data on iPhones and iPads. The complaint (.pdf) filed in federal court in Florida alleges violations of the Computer Fraud and Abuse Act.
New technology, same law. As reported by Wired.com, the Second District Court of Appeal has held that when one party to a conversation uses an iPhone to secretly record the conversation, it does not violate the Wiretap Act as long as the recording is done for legitimate purposes. This ruling (.pdf) is consistent with those of other circuits, including the Ninth Circuit, that have tackled similar issues.