DOJ Fishes for Search Records, and Google Fights Back–Gonzales v. Google
…Bush’s administration is engaged in domestic surveillance, the NSA and other agencies illegally use tracking cookies and even members of Congress breach their own voluntarily-adopted privacy policies. We don’t need…
When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue
…a privacy policy violation, because those privacy breaches rarely create economic losses to plaintiffs. Of course, other legal doctrines might apply to privacy breaches—such as the FTC Act or other…
Report Challenges Value of Notifying Consumers of Data Security Breaches
By Eric Goldman ID Analytics has released a report trying to quantify the harms caused by data security breaches. The report sensibly distinguishes between different types of breaches–misappropriation of name…
Click Defense Lawsuit Update
…14 Click Defense “voluntarily” dismissed its negligence and unjust enrichment claims–an unsurprising outcome given the weakness of those claims. Now, the only standalone claim is breach of contract. Meanwhile, according…
Keeping C&D Letters Confidential
…constitute a breach of confidence and a violation of the Copyright Act, and You are not authorized to publish this letter in whole or in part absent our express written…
Yahoo Wins Online Harassment Case Under 47 USC 230
…claim negligence, breach of contract and promissory estoppel–all to no avail. Unfortunately for Barnes, her basic situation is just like Zeran’s–someone posted bogus info on a website to harass a…
Barnes on Adware Contracts
…a breach of the peace. There’s also the risk that the repossessor lacked the rights to do what they are doing, thus depriving a legitimate owner of possession and use…
Lane’s Gift Click Fraud Complaint
…with the other causes of action. That leaves the breach of contract action. This particular complaint is thinner in describing the basis of the breach of contract than the Click…
Click Fraud Lawsuit–Click Defense v. Google
…only has contractual obligations to the plaintiffs and no tort duties, in which case the negligence claim will fail. The Breach of Contract Claim From my perspective, the contract breach…
BNA on Mandatory Disclosure Laws
BNA (registration required) runs an article recapping state-level activity on mandatory security breach notification laws. Seven states (Arkansas, California, Georgia, Indiana, Montana, North Dakota, and Washington) have adopted laws, and…