Court Denies Request for Discovery of Facebook and Twitter Account Information, Finding that the Request is a “Digital Fishing Expedition”

[Post by Venkat Balasubramani] Caraballo v. City of NY, Index No. 75535/08 (N.Y. Sup. Ct.; Mar. 4, 2011) Plaintiff suffered personal injuries “while performing work at 417 O’Gorman Avenue, also known as 45 Keegans Lane, on Staten Island.” Predictably, defendant…

Website Privacy Policy Supports Pseudonymous Poster’s Expectation of Privacy — Cornelius v. Deluca

[Post by Venkat Balasubramani] Cornelius v. Deluca, 10-Cv-027-BLW (D.Id.; Mar. 15, 2011) A district court judge in Idaho denied a request to unmask the identity of a pseudonymous forum poster. In support of its decision, the court looked to the…

Jan.-Feb. 2011 Quick Links, Part 2

By Eric Goldman Search Engines Google’s search algorithm has been very much in the news the past 2 months! * Google’s announcements: – “Google search and search engine spam” – Matt Cutts explains Google penalties in a video. – “Microsoft’s…

Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review

By Eric Goldman Earlier this Fall, I posted my top 8 trends in Internet law, and that’s a good place to start if you want to see how I think things are developing. Because of that post, this year I’m…

Contrary LinkedIn Evidence Crushes Witness’ Testimony — Blayde v. Harrah’s Entertainment

[Post by Venkat Balasubramani] Blayde v. Harrah’s Entertainment, 08-cv-02798 (W.D. Tenn.; Dec. 17, 2010) By my guesstimate, LinkedIn ranks last among the major social networks for being invoked as a source of evidence in court cases. MySpace is the runaway…

MySpace Profile and Photo Evidence Used to Support Conviction for “Participation in Criminal Gang Activity” — State v. McCraney

[Post by Venkat] State v. McCraney, 2010-Ohio-6128 (Ohio Ct. App.; Dec. 15, 2010) There has been a proliferation of MySpace (and more recently, Facebook) cases in the criminal context. Most of these cases involve evidentiary issues where the prosecution seeks…

Court Admits Google Earth Evidence, But Only for Demonstrative Purposes — State ex rel. J.B.

[Post by Venkat] State ex rel J.B., Case No. A-2228-08T4 (N.J. Ct. App.; Sept. 27, 2010) J.B., a juvenile, was convicted for burglary, robbery, and trafficking in stolen property (“a jar of coins, a samurai sword collection, and a laptop”)….

Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v. Universal

[Post by Venkat] Lenz. v. Universal Music Corp., Case No. C 07-03783 JF (PVT) (N.D. Cal.; Oct. 22, 2010) [pdf] The “‘Let’s Go Crazy’ Dancing Baby” takedown case yielded an interesting discovery ruling. Universal (the defendant) argued that: “[plaintiff] made…

Request for Discovery of Facebook Profile and Photos Rejected as a Fishing Expedition — McCann v. Harleysville Insurance

[Post by Venkat] McCann v. Harleysville Insurance Co. (2010 NY Slip. Op. 08181) (Nov. 12, 2010) We’ve blogged about several decisions involving disputes around the discovery of social network profiles. An appeals court in New York recently rejected a party’s…

It May be Best to Shut Down Your Facebook Account While You are on Probation — State v. Altajir

[Post by Venkat] State v. Altajir, AC 31375 (Conn. Ct. App. Sept. 14, 2010) Defendant (Altajir) was involved in an accident in 2004, and pleaded no contest to one count of operating a motor vehicle while under the influence and…