Searching Content indexed under Data Protection by Jeffrey Neuburger ordered by Published Date Descending.
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Browsewrap Terms Enforced Due To Customer Knowledge Of Existence Of Terms
Last month, a California district court granted a web-based service's motion to compel arbitration of a putative class action brought by a user whose personal information
United States
3 Jul 2019
Reflections On Technology-Related Legal Issues: Looking Back At 2017; Will 2018 Be A Quantum Leap Forward?
As we approach the end of 2017, it is a time to reflect on the dizzying pace of technology evolution this year, and the amazing array of legal issues it presented.
United States
22 Dec 2017
Appeals Court Affirms Dismissal On Standing Grounds Of Biometric Privacy Suit Over Videogame Facial Scan Feature
With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending ...
United States
29 Nov 2017
Online Vacation Rental Marketplace Sends Claims Packing With Carefully Drafted Terms
The court granted summary judgment in favor of HomeAway as to all counts of the plaintiffs' complaint.
United States
1 Sep 2017
A Green Light for Screen Scraping? Proceed With Caution…
Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn't Apply
United States
25 Aug 2017
Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn't Apply
While the law relating to screen scraping is unclear, a recent landmark decision from the Northern District of California, hiQ Labs, Inc. v. LinkedIn, Corp., 2017 WL 3473663 (N.D. Cal. Aug. 14, 2017), appears to limit the applicability of the CFAA as a tool against scraping.
United States
25 Aug 2017
Craigslist Garners $60 Million Judgment Against Radpad In Scraping Dispute
For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes.
United States
18 Apr 2017
Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos
We've closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some types of biometric data.
United States
6 Mar 2017
Illinois Biometric Privacy Suit Over Collection Of Fingerprints Settled
Moreover, L.A. Tan agreed to comply with BIPA in the future and ensure the compliance of its franchisees.
United States
15 Dec 2016
California Legislature Nearing Final Debate Of Biometric And Geolocation Data Security Bill
With the session ending on August 31st, the California legislature is debating a bill that would expand data security requirements for businesses that maintain personal information of California residents.
United States
25 Aug 2016
CFAA Double Feature: Ninth Circuit Issues Two Important Decisions On The Scope Of Liability Related To Data Scraping And Unauthorized Access To Employer
This past week, the Ninth Circuit released two important decisions that clarify the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030.
United States
18 Jul 2016
Self-Publishing Platforms Deemed Distributors, Not Publishers In Privacy Suit Over Unauthorized Book Cover
We live in a world that has rapidly redefined and blurred the roles of the "creator" of content, as compared to the roles of the "publisher" and "distributor" of such content.
United States
4 Apr 2016
FTC Releases Big Data Report Outlining Risks, Benefits And Legal Hurdles
The potential benefits of big data are now well-known, but what are some of the legal, ethical and compliance risks and when do modern data analytics produce unintended discriminatory effects?
United States
15 Jan 2016
Photo Storage Service's Collection Of Faceprints May Violate Illinois Biometric Privacy Statute
As we have previously noted, there are several ongoing privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act.
United States
5 Jan 2016
Video Privacy Protection Act Narrowed – App's Transmission Of Roku ID Not Disclosure Of Personal Information
A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of "personally identifiable information" (PII) under the VPPA.
United States
28 Oct 2015
Biometrics: Facebook Files Motion To Dismiss Privacy Suit Over Facial Recognition Technology
As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of "faceprints" for its online photo tagging function, Tag Suggestions.
United States
16 Oct 2015
U.S.-EU Safe Harbor Invalidated: What Now?
Last week, the European Court of Justice (CJEU) invalidated the U.S.-EU Safe Harbor framework, effective immediately.
United States
14 Oct 2015
SONY Pictures Breach Stresses Need To Revisit Document And Email Retention Policies
The SONY Pictures cybersecurity breach playing out in public over the last few weeks is just the latest in a series of high profile cybersecurity breaches.
United States
19 Dec 2014
Ninth Circuit Ruling Trimming CFAA Claims For Misappropriation Reminds Employers That Technical Network Security Is The First Defense
The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy.
United States
23 Apr 2012
There's No Sense Waiting To See What The U.S. Supreme Court Has To Say About GPS Tracking
That appears to be the opinion of Magistrate Judge David Noce in United States v. Robinson, No. 4:11-cr-00361 (D. Mo. Dec. 27, 2011), who ruled that GPS tracking of a public official suspected of having a no-show municipal job did not require a warrant.
United States
10 Jan 2012
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