Judge Refuses to Block Seattle’s Yellow Pages Opt-out Law — Dex Media v. Seattle

[Post by Venkat Balasubramani] Dex Media West, Inc. v. City of Seattle, C10-1857JLR (W.D. Wash.; May 8, 2011) I blogged a ways back about Seattle’s yellow pages opt-out law and a First Amendment challenge brought by yellow pages companies. I…

Twitpic Modifies Terms and Claims Exclusive Rights to Distribute Photos Uploaded to Twitpic

[Post by Venkat Balasubramani] I posted about the dispute between a photographer and Agence France-Presse over images AFP allegedly downloaded via Twitpic and used without permission. AFP argued that the license terms of Twitter or Twitpic authorized its use of…

The FTC’s Proposed Settlement With Google Over Buzz Privacy Breaches

[Post by Venkat Balasubramani with additional comments from Eric] [Eric’s note: This topic festered in my blogging queue for far too long, so we are finally posting this after the FTC’s comment window closed. Nevertheless, this is such an interesting…

Court Finds Webloyalty Rewards Program Disclaimers Sufficient to Defeat Misrepresentation Claims — Berry v. Webloyalty

[Post by Venkat Balasubramani] Berry v. Webloyalty.com, Inc., et al., 10-CV-1358-H (CAB) (S.D. Cal.; Apr. 11, 2011) This is another online membership program case. Plaintiff purchased tickets from movietickets.com using his debit card. He alleges that he was offered a…

9th Cir: Access of Computer in Violation of Employer’s Use Policy Violates Computer Fraud and Abuse Act — US v. Nosal

[Post by Venkat Balasubramani] US v. Nosal, 10-10038 (9th Cir.; Apr. 28, 2011) The Ninth Circuit reversed the district court’s dismissal of an indictment under the Computer Fraud and Abuse Act, holding that an employee’s access of an employer’s protected…

Maryland Supreme Court Rejects “Circumstantial Authentication” Standard for MySpace Evidence — Griffin v. Maryland

[Post by Venkat Balasubramani] Griffin v. Maryland, No. 74 (Maryland; Apr. 28, 2011) I blogged last year about a case in Maryland where the court allowed prosecutors to authenticate a witness’s MySpace page merely by accessing it from the internet,…

Jury Rejects Lawyer’s Claims Under DC’s Anti-Spam Law — CyberLaw v. Thelaw.net

[Post by Venkat Balasubramani] Cyberlaw P.C. v. Thelaw.net, No 2009 CA 003615 (D.C. Sup. Ct. March 16, 2011) (complaint) (verdict form) Lawyers receive a fair amount of spam from service providers and companies who offer CLEs and other services. Most…

Court Says CAN-SPAM Plaintiff Can’t Take Second Bite at the Apple — Melaleuca v. Hansen

[Post by Venkat Balasubramani] Melaleuca v Hansen, 10-cv-00553 (D. Idaho; Apr. 15, 2011) This is a case where Melaleuca – a large multi-level marketing company – asserted spam claims against Daryl Hansen. That’s probably a charitable way of putting it….

A Look at the Commercial Privacy Bill of Rights Act of 2011

[Post by Venkat Balasubramani] The Commercial Privacy Bill of Rights Act of 2011 Senators McCain and Kerry recently introduced the Commercial Privacy Bill of Rights Act of 2011. It will probably go through various iterations before being enacted, and its…

FTC Warns Debt Collector About Using Facebook to Contact Debtor

[Post by Venkat Balasubramani] In the Matter of Gary D. Nitzkin, P.C. (FTC Letter; Mar. 10, 2011) Debt collectors have gotten into trouble over the use of social media to contact debtors. (See “Judge Orders Creditor to Stay Off Debtor’s…