Gmail Terms of Service Apply to reCAPTCHA During Account Formation--Rojas-Lozano v. Google

Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google

This lawsuit against Google alleges that Google unfairly benefits from deploying a CAPTCHA process when users sign up for free gmail accounts. Specifically, the complaint alleged that Google unnecessarily included a second image in the CAPTCHA, and it relies on users…

Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement

Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement

This is a lawsuit against Jawbone, a fitness tracker app, alleging that Jawbone’s battery life was significantly shorter than promised, and that it failed to accurately track and measure movement, calorie expenditure, and sleep: [plaintiff] appeared inactive when he had…

School District Wrongly Disciplined Student for a Two Word Tweet

School District Wrongly Disciplined Student for a Two Word Tweet

Plaintiff was an honor student and athlete at Rogers High School, with no previous disciplinary record. In response to a tweet from an anonymous Twitter account (Roger Confessions) asking whether “[plaintiff] actually made out with [name of female teacher at…

Second Circuit Enforces Terms Hyperlinked In Confirmation Email--Starkey v. G Adventures

Second Circuit Enforces Terms Hyperlinked In Confirmation Email–Starkey v. G Adventures

Plaintiff Starkey booked a trip online through G Adventures. She alleges a G Adventures employee assaulted her during the trip. She sued G Adventures in the Southern District of New York. That court dismissed her lawsuit based on a forum…

Court Allows Facebook Expert to Testify in Threat Case--U.S. v. Bradbury

Court Allows Facebook Expert to Testify in Threat Case–U.S. v. Bradbury

I previously blogged about US v. Bradbury, a prosecution for Facebooking allegedly jocular threats to blow up buildings and kill government officials. (See: “When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often”.) Bradbury was…

University Can’t Quash Lawsuit by Professor Fired for Tweeting Political Opinion

University Can’t Quash Lawsuit by Professor Fired for Tweeting Political Opinion

Dr. Steven Salaita, a tenured professor at Virginia Tech, took a job at University of Illinois. After going through the interview process, UI sent him an offer letter for him to accept and sign. As is typically the case, the…

AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe

AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe

Plaintiff sued AARP alleging that AARP violated its privacy policy (link to policy effective April 2015) by allowing Adobe and Facebook to collect PII about plaintiff. The court says there’s not a sufficient allegation of violation of AARP’s privacy policy…

9th Circuit Rejects VPPA Claims Against Netflix For Intra-Household Disclosures

9th Circuit Rejects VPPA Claims Against Netflix For Intra-Household Disclosures

Plaintiffs sued Netflix under the Video Privacy Protection Act for Netflix’s display of a subscriber’s queue and recommendation list on televisions connected to the subscriber’s account. In other words, if a household is sitting around in front of a television that accesses someone’s…

Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm

Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm

Plaintiffs sued Neiman Marcus on behalf of a putative class alleging claims arising out of a 2013 data breach. Neiman Marcus informed its customers (in 2014) that an attack had occurred and 350,000 cards had been exposed. Neiman Marcus first…

When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often

When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often

The “Twitter joke trial,” where a UK man was prosecuted for joking about blowing up an airport, made waves and resulted in widespread criticism, but recent cases in the US show that prosecutions for jokey threats over social media are…