FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising

FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising

For over a decade, I’ve blogged about 1-800 Contacts’ campaign to suppress competitive keyword advertising, including its legislative games (e.g., those times when 1-800 Contacts asked the Utah legislature to ban competitive keyword advertising) and at least 15 lawsuits against…

Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping

It’s been a brutal year for Section 230 jurisprudence, and the hits keep coming. In today’s case, the parties ran into a judge who seemed unshakably determined–for reasons I can’t determine–to deny the motion to dismiss. This produces an outlier…

Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google

Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google

This is a lawsuit alleging that Google and others circumvented cookie-blocking settings of popular browsers. Our blog post on the district court ruling here: “Google Wins Cookie Privacy Lawsuit”. Plaintiffs asserted federal and state claims. The court affirms dismissal of…

Adware Advertiser Sidesteps Liability

Adware Advertiser Sidesteps Liability

This case involves a browser plug-in from IMS, whose affiliates allegedly surreptitiously installed the plug-in on users’ computers. The plug-in allegedly caused pop-up ads to appear when users visited designated websites. Reed Elsevier allegedly advertised via these pop-up ads, triggering…

Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved

Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved

This is the final part of my four-part series celebrating our 10th blogiversary. I asked the following question: What do you think is the most significant change in intellectual property law or Internet law over the past 10 years? This…

Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email--LaRocca v. LaRocca

Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email–LaRocca v. LaRocca

Eloisa LaRocca alleged that her former husband installed spyware on her computer and intercepted emails she sent. The ex-husband moved for summary judgment on the basis that ECPA did not apply to spousal interceptions of electronic communications. The ex-husband also…

Lawsuit Against Adware Vendor Fails--Halperin v. Text Enhance

Lawsuit Against Adware Vendor Fails–Halperin v. Text Enhance

Text Enhance, a program developed by Affluent Ads, scans web page text for certain keywords. When the user mouses over any of those keywords, the adware serves up a pop-up ad on the user’s computer. Halperin ended up with Text…

Judge Koh Dismisses the Bulk of the Yahoo Email Scanning Class Action

Judge Koh Dismisses the Bulk of the Yahoo Email Scanning Class Action

Plaintiffs are non-Yahoo email users who sent messages to Yahoo users. They allege that Yahoo’s email scans violate federal and state wiretapping laws and invade their privacy. ECPA: This claim alleges that Yahoo “intercepts” the emails. ECPA is subject to…

Google Wins Cookie Privacy Lawsuit

Google Wins Cookie Privacy Lawsuit

In re Google Inc. Cookie Placement Consumer Privacy Litigation, MDL Civ No. 12-2358 (D. Del. Oct. 9, 2013) [pdf] The factual background in the court’s order is fairly brief. In a nutshell, plaintiffs sued Google, along with advertisers and networks,…

Court Rejects Attempt to Hold Software Company Liable for Surveillance Conducted by Its Customer – Luis v. Zang

[Post by Venkat Balasubramani] Luis v. Zang, 12 cv 629 (S.D. Oh. Mar. 5, 2013) Divorces have spawned some of the most interesting privacy disputes, such as the cases involving whether GPS surveillance of a vehicle violated one spouse’s privacy…