Category Archives: Technology

No Reasonable Expectation of Privacy When Butt-Dialing #law #privacy

Image c/o someecards.com

 

The Sixth Circuit Court of Appeals held that there’s no reasonable expectation to butt-dialing. Of course, they call it “pocket dialing” to avoid our snickering, but we all know what they mean. (Yeah, I know that “pocket dialing” is more accurate.)

James Huff, Chairman of the Kentucky International Airport Board (the “Board”), inadvertently dialed Carol Spaw, the Board liaison, during two conversations in which Huff allegedly conspired to discriminate unlawfully against Candace McGraw, the CEO of the Kentucky International Airport. The first conversation was with Vice Chairman of the Board, Larry Savage by telephone, so Spaw couldn’t hear what Savage was saying. Huff’s second conversation was with his wife, Bertha, who was in the room with him, so Spaw could hear what she was saying. Spaw disclosed the contents of the call to other members of the Board.

Huff and his wife, Bertha, sued for a violation of Title III of the Omnibus Crime Control and Safe Street Act of 1968 (a.k.a., the Wiretap Act). The trial court ruled for Spaw as a matter of law, saying there was no reasonable expectation of privacy in the conversation. In short, Huff should have been more careful. The Sixth Circuit held that Huff himself couldn’t sue, but sent the case back down to the trial court to determine whether Bertha Huff could sue. It was James’s neglect that resulted in the eavesdropping, but Bertha can’t be held liable for that.

So, even though the butt-dialer in question can’t sue, if the eavesdropper can hear what the other person involved in the conversation is saying, there could still be liability. Nevertheless, this is a helpful reminder of the consequences of butt … errrrr, pocket dialing.

The case can be found here.

Follow me on Twitter @PropertyAtty

Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with First Class Title, Inc., a Maryland title insurance and settlement company. Rob is also a licensed title insurance agent in Florida, Maryland, Pennsylvania, and Virginia.

Advertisements

Leave a comment

Filed under Constitutional Law, Privacy, Technology

This Day in History, @NASA Created #space #science #NASA

Per Wikipedia, image is public domain.

This day in history, July 29, 1958, the National Aeronautics and Space Administration (NASA) is created. Contrary to what articles like this one tell you, the real reason for its creation can be seen in this short, educational video:

Truman Meets Zoidberg

Follow me on Twitter @PropertyAtty

Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with First Class Title, Inc., a Maryland title insurance and settlement company. Rob is also a licensed title insurance agent in Florida, Maryland, Pennsylvania, and Virginia.

Leave a comment

Filed under Astronomy, Engineering, Math, Physics, Science, Space Law, Technology

Another Leap Forward for Nerdkind #technology #engineering

An early prototype?

I can’t count the number of articles I’ve read referring to jet packs as an unrealistic technology, and unnecessarily dangerous even in the event that someone actually created it. Well, Martin Aircraft Company just announced their arrival as soon as next year, with emergency services providers (among others) representing a realistic target audience. If you have about $150,000.00 spare cash lying around, you can get one too.

Follow me on Twitter @PropertyAtty

Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with First Class Title, Inc., a Maryland title insurance and settlement company. Rob is also a licensed title insurance agent in Florida, Maryland, Pennsylvania, and Virginia.

Leave a comment

Filed under Engineering, Science, Technology

Wait a Second! Is Hover Technology Real!? #tech #engineering #patent

Image from Return of the Jedi c/o Lucasfilm/Disney

Yesterday, I posted about Lexus’s claim to have created a Back to the Future Part II style hoverboard. As many have dishonestly teased such an invention, I expressed skepticism about the claim. Now I read that the United States Army has a “hoverbike” prototype in the works. Hmmmm….

We know that superconductors are being used to provide levitation. The point is that it’s difficult to get them to work no matter what the underlying surface (e.g., grass, asphalt, wood). It’s also generally easier to do things small-scale than large-scale, so having a little disc demonstrate that flexibility is a far cry from an actual hoverbike (though it would still show remarkable progress). All that being said, we know the potential is there, but is the technology practical and marketable? This is more evidence that maybe it is. Or maybe this is a redirection. Perhaps the hoverbike will actually use the horizontal rotor technology we already see in drones.

On the legal side, if this is levitation technology, I wonder who’s going to get to the Patent Office first: the Army or Lexus?

Follow me on Twitter @PropertyAtty

Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with First Class Title, Inc., a Maryland title insurance and settlement company. Rob is also a licensed title insurance agent in Florida, Maryland, Pennsylvania, and Virginia.

Leave a comment

Filed under Engineering, Patent Law, Science, Technology

Well, October 21, 2015 *Is* Right Around the Corner #tech #iplaw #patent

Many have teased creation of the “Back to the Future II” hoverboard. Has Lexus actually done it? I won’t hold my breath until 10/21/2015.

Follow me on Twitter @PropertyAtty

Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with First Class Title, Inc., a Maryland title insurance and settlement company. Rob is also a licensed title insurance agent in Florida, Maryland, Pennsylvania, and Virginia.

2 Comments

Filed under Intellectual Property Law, Patent Law, Technology