Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment — Kirch v. Embarq

[Post by Venkat Balasubramani with comments from Eric] Kirch v. Embarq, 10-2047-JAR (D. Kan. Aug. 19, 2011) The fallout from Nebuad’s ill-fated deep packet inspection continues to percolate through the courts. Plaintiffs sued NebuAd and ISPs in the same forum…

Connecticut Court of Appeals Tackles Authentication of Facebook Messages — State v. Eleck

[Post by Venkat Balasubramani] State v. Eleck, (AC 31581 (Conn. Ct. App. Aug 9, 2011) There have been several recent cases that deal with the authentication of social networking evidence. The Connecticut Court of Appeals recently tackled the issue of…

Another Lawsuit over Flash Cookies Fails — Bose v. Interclick

[Post by Venkat Balasubramani, with comments from Eric] Bose v. Interclick, Inc., et al., 10-cv-09183-DAB (S.D.N.Y. Aug. 17, 2011) Bose sued Interclick, an advertising network, and various advertisers (including McDonald’s, Mazda and Microsoft) over “flash cookies” and “history sniffing.” As…

Ikon Office Solutions Had no Duty to Disclose That Office Equipment Retained Data — Putnam Bank v. Ikon Office Solutions

[Post by Venkat Balasubramani] Putnam Bank v. Ikon Office Solutions, Inc., 10-cv-1067 (WWE) (D. Conn.; July 5, 2011) Putnam Bank filed a putative class action on behalf of those who purchased and leased office equipment from Ikon, alleging that Ikon…

Missouri Federal Court Says LegalZoom Could be Engaged in the Unauthorized Practice of Law — Janson v. LegalZoom

[Post by Venkat Balasubramani] Janson v. LegalZoom, Inc., 2:10-CV-04018-NKL (W.D. Mo. Aug. 2, 2011) Background: LegalZoom offers “blank legal forms that customers may download.” In addition, LegalZoom makes available an internet portal. Here’s how LegalZoom describes this aspect of its…

The 9th Circuit Tackles a Pair of Internet Jurisdiction Cases

[Post by Venkat Balasubramani] I’m inclined to agree with Eric that internet personal jurisdiction cases are not the most exciting. The resolution of a question over whether personal jurisdiction is proper often has more to do with whether the court…

Zynga Wins Arbitration Ruling on “Special Offer” Class Claims Based on Concepcion — Swift v. Zynga

[Post by Venkat Balasubramani with comments from Eric] Swift v. Zynga, 2011 WL 3419499 (N.D. Cal.; August 4, 2011) The US Supreme Court decided AT&T Mobility v. Concepcion earlier this year, and a question left open in that decision is…

South Dakota S.Ct Recognizes the Obvious: a Happy Birthday Message on Facebook Doesn’t Mean Much — Onnen v. Sioux Falls Independent School Dist.

[Post by Venkat Balasubramani] Onnen v. Sioux Falls Independent School Dist., 2011 S.D. 45 (South Dakota; Aug. 3, 2011) If any modern day communication is more inconsequential than a “happy birthday” post on Facebook, I’m not sure what is. We’ve…

Sixth Circuit: Email and Phone Advocacy Campaign Can Violate the Computer Fraud & Abuse Act — Pulte Homes v. LIUNA

[Post by Venkat Balasubramani] Pulte Homes, Inc. v. Laborers’ Int’l Union, et al., 09-2245; 10-1673 (6th Cir. Aug 2, 2011) I blogged about a case involving a labor dispute between Pulte Homes and Laborers’ International Union of North America (LIUNA)….

Logging Into Someone Else’s Facebook Account and Posting Messages on Their Friends’ Walls Could Be Identity Theft — In re Rolando S.

[Post by Venkat Balasubramani, with comments from Eric] In re Rolando S., 2011 WL 3212879 (Ca. Ct. App.; July 21, 2011) Background: Rolando was a juvenile who received an unsolicited text message with the victim’s email password. According to the…