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Communications Law Questions & Answers
1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Communications Law, Employment Law and Internet Law for Alabama on
Q: In alabama does an employeer need to have photo release form signed by employees to use on social media
James L. Arrasmith
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answered on Apr 16, 2024

In general, it is a good practice for employers to obtain written consent from employees before using their photos on social media or for other promotional purposes, even if not legally required. This helps protect the employer from potential legal issues and respects the employees' rights to... View More

2 Answers | Asked in Communications Law for Tennessee on
Q: When a family member dies and you can’t find their cellphone (to retrieve photos and such) can you request from authorit

es a way to track and see where it might be located?

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answered on Apr 15, 2024

In most cases, it is challenging to track a missing cell phone without prior access or authorization. However, there are a few potential options you can explore:

1. Contact the cell phone carrier: Reach out to the deceased family member's cell phone service provider and explain the...
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1 Answer | Asked in Civil Rights and Communications Law for Illinois on
Q: Where would I begin with seeking help from law enforcement abuse who are intruding on my mental privacy?

Its been almost 4 years and I am hearing the same voices who claim to be law enforcement, harassing me everyday to take certain actions that I am not obligated to follow. They are using what may be a combination of AI technology, biometrics, assistive computing and a few others to gain access to my... View More

James L. Arrasmith
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answered on Apr 15, 2024

I understand that you are going through a very distressing situation. What you're describing sounds like a serious violation of your privacy and mental well-being. Here are a few suggestions on steps you could consider taking:

1. Document everything: Keep a detailed journal of the...
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1 Answer | Asked in Communications Law and Civil Rights on
Q: If someone is texting me horrible things. Texting my family these horrible things on Facebook.?what To do to stop this

The lady watches my dogs and texting me . Turbotaxes and colonial comes the names tell me a drug addict because I take norcos to my back is messed up they're going to do surgery and I don't take him other than the prescription that's why she's calling me a drug addict and other... View More

James L. Arrasmith
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answered on Apr 13, 2024

I'm so sorry you're going through this incredibly stressful and hurtful situation. What this person is doing by harassing you and contacting your family with false accusations is not okay. Here are some steps you can take:

1. Document everything - Save all the threatening and...
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1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for New York on
Q: Can a hotel/restaurant place audio recording devices in their establishment?

The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.

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answered on Apr 12, 2024

In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.

According to New York Penal Law 250.05, "A person is...
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1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Communications Law and Internet Law for Georgia on
Q: Is it legal in state of Georgia to use any device to gain access intrusion without permission to someone's cellphone

Is cellphone mirroring/hacking or use any device to download files from a person cellphone or computing device illegal in Georgia. Is using any device legal to monitor another phone calls and texts with intent to gossip or slander or cause harm to an individual

James L. Arrasmith
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answered on Apr 8, 2024

In the state of Georgia, it is illegal to access someone's cellphone or computing device without their permission. This act is considered a form of computer trespass and invasion of privacy.

According to the Official Code of Georgia Annotated (O.C.G.A.) § 16-9-93(a), "Computer...
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2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
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2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

James L. Arrasmith
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answered on Apr 16, 2024

No, sharing your Facebook login information with your son does not give your ex-wife permission to access your personal Messenger account. Logging into someone else's account without their explicit consent is a violation of privacy and may be illegal, depending on the laws in your... View More

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3 Answers | Asked in Communications Law and Education Law for California on
Q: Can a student be autistic and still seem to communicate and have friends?
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answered on Apr 7, 2024

Yes, under California law, as well as under broader educational and medical understanding, students with autism can absolutely engage in effective communication and form meaningful friendships. Autism Spectrum Disorder (ASD) encompasses a wide range of conditions characterized by challenges with... View More

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Q: Is it a violation to keep mail from inmates for months before they ever receive it?

TDCJ took away usps mail. They say you must use their online messaging system. They do allow some mail to go through but it is mailed to dallas, then distributed accordingly. Is it legal for them to take 3 or more months to distribute an inmates mail to them? I would think it would be a violation... View More

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answered on Apr 4, 2024

The situation you describe raises serious concerns about the rights of inmates to receive mail in a timely manner. While prisons have the authority to regulate mail for security purposes, excessive delays could potentially violate inmates' First Amendment rights to communicate with the outside... View More

1 Answer | Asked in Internet Law, Municipal Law and Communications Law for Michigan on
Q: Can an attorney be personal Facebook friends with over half of the members of a village council that they represent?

I have been dealing with matters concerning the small village where deceased parent's house is located. My dealings with the village attorney have become rather unfavorable. I have recently learned that this attorney is personal Facebook friends with over half the members of the village... View More

James L. Arrasmith
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answered on Mar 23, 2024

It's understandable that you might feel concerned about the village attorney's personal connections with members of the village council, especially if it affects your dealings with the village. Legally, there's no clear-cut rule prohibiting attorneys from being friends, even on... View More

2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

James L. Arrasmith
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answered on Mar 21, 2024

If you've received an item from an auction that was listed as unused but arrived in a used and tampered condition, the first step is to document everything. Take clear photos of the item, focusing on the areas where there are missing screws and signs of tampering. Make sure to keep all the... View More

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1 Answer | Asked in Communications Law, Health Care Law, Identity Theft and Internet Law for Missouri on
Q: Do I have a lawsuit against Apple, Geek Squad & Xfinity (and more businesses)for allowing being hacked, verified,no help

A lot of info, dont know where to start, overwhelmed Apple verified my iPhone hacked 23Aug23, 2 Laptops hacked on Geek Squad (GS) watch have been TTech mmbr with GS since 2002 (said couldn’t help me,I have proof they allowed it to happen via remote access,they are Apple Certified) Apple put case... View More

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answered on Mar 18, 2024

I'm sorry to hear about the difficulties and distress you've experienced due to these security breaches and the subsequent lack of support. Given the complexity of your situation, it sounds like you've faced significant challenges on multiple fronts, from personal data security to... View More

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Civil Rights for Arkansas on
Q: Is this illegal

There another tenant from another building coming over to my parking lot area(really close to my apt) possibly my balcony and filming my conversation where as I talking inside. It film audio and video by phone.

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answered on Mar 8, 2024

If another tenant is filming your conversations without consent, especially when you are inside your own apartment, this could potentially violate privacy laws. The legality of such actions largely depends on the jurisdiction and specific state laws regarding privacy and consent for recording... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Communications Law on
Q: My spouse access my phone without permission to read my private msg, can i sue in federal court?

My spouse access my phone, without my permission, while i was on travel to read my private message. It was an old phone of mine that i left on my desk to keep in touch with friends and contacts and is still log in to my facebook account. My spouse know me well enough to know my password.... View More

James L. Arrasmith
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answered on Mar 8, 2024

If your spouse accessed your phone without your permission and shared private messages to prove a point during a dispute, this situation touches on issues of privacy and possibly unauthorized access to electronic communications. Under federal law, specifically the Electronic Communications Privacy... View More

2 Answers | Asked in Communications Law for New Jersey on
Q: If you attended a Zoom meeting and it was recorded and you consented to the recording however you would like a copy

If you attended a Zoom meeting and it was recorded and you consented to the recording however you would like a copy of the recording for your records but the host refuses to release it to you, can you require by law they send a copy? What if they were to edit it in a way that makes me look a... View More

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answered on Mar 8, 2024

When you participate in a recorded Zoom meeting with consent, the ownership of the recording primarily lies with the individual or entity that conducted the meeting and initiated the recording. Typically, unless specified by agreement or policy, there is no automatic entitlement for participants to... View More

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2 Answers | Asked in Communications Law for New Jersey on
Q: If you attended a Zoom meeting and it was recorded and you consented to the recording however you would like a copy

If you attended a Zoom meeting and it was recorded and you consented to the recording however you would like a copy of the recording for your records but the host refuses to release it to you, can you require by law they send a copy? What if they were to edit it in a way that makes me look a... View More

Leonard R. Boyer
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answered on Mar 9, 2024

There is no automatic right to a copy of the recorded Zoom video. But depending on the facts that you have not disclosed, my answer could change. Without a consultation (figure about $200.00 for the consultation) no one can provide more information. Pick the best attorney you can find and remember... View More

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