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In the old days (full disclosure: I am old)  when we talked and worried about invasion of privacy, (remember that phrase ?)  we would worry about wiretaps and long distance spying, and rummaging through our papers and trash.

But now, the loss of privacy is much more subtle.   Say hello to the new “spies”

That’s right, doing what you are doing right now, reading a blog on the Internet, as well as where you were before you landed on this page, and where you will go when you leave, is likely creating a trail of history that is particular to you. Retailers, marketers and others can mine this data, and who knows, you may start to receive emails and see messages on sites that you visit that remarkably reference products or places that may interest you.

The Federal Trade Commission is examining the limits of that question right now. Check out this article from the Verge:

Well, is that bad? I guess that depends on your point of view, and how much of your habitual life you are willing to share.  From our perspective as lawyers, the Internet, and all it reveals about, and of, us, imposes a duty in litigation cases to advise our clients about the perils of revealing too much online.  Similarly, we also have a duty to investigate our case opponents to find out as much as we ethically can that can help our case.  The face of discovery is changing.

Brave New World meets 1984.

At Favaloro Law Offices we remain committed to keeping on the technological edge as changes come to the practice of law.  Feel free to contact us with any questions, you may have, or if you have a case that you would like us to evaluate.

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