Criminal Cyberbullying Statute Violates First Amendment--New York v. Marquan

Criminal Cyberbullying Statute Violates First Amendment–New York v. Marquan

Albany County enacted a criminal cyberbulling statute, which defined cyberbulling as: any act of communicating or causing a communication to be sent by mechanical or electronic means, including posting statements on the internet or through a computer or email network,…

Stalking Conviction For Friending a Prosecutor's Facebook Friends?--State v. Moller

Stalking Conviction For Friending a Prosecutor’s Facebook Friends?–State v. Moller

Online stalking and threats are hot topics today, especially in light of the Supreme Court granting cert in US v. Elonis (we plan to recap that case before oral arguments). Today’s case highlights the grey area between veiled threats and…

The Supreme Court's Riley Decision Won't Change Much In The Field (Guest Blog Post)

The Supreme Court’s Riley Decision Won’t Change Much In The Field (Guest Blog Post)

[Eric's Note: This guest blog post is from my colleague Kyle Graham, who teaches and writes in the area of Criminal Procedure, Evidence and others. I'm pleased to share his expert take on the Riley ruling, followed by a few...

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

This is a lawsuit alleging that LinkedIn improperly mined users’ contact lists and sent them repeated invitation emails. While Judge Koh eliminated the Stored Communications Act and California anti-hacking statute claims, a chunk of the lawsuit remains. Harvesting contact lists…

Revenge Porn/Cyberstalking Conviction Doesn't Violate First Amendment--US v. Osinger

Revenge Porn/Cyberstalking Conviction Doesn’t Violate First Amendment–US v. Osinger

V.B. and Osinger had a relationship. When it terminated, he continued to contact her in a variety of ways (email, text, etc.). They originally lived in Illinois, but V.B. moved to California, where she accepted a job. Before she moved,…

[Ad] New Publication Announcement: Data Protection Law Reporter

[Ad] New Publication Announcement: Data Protection Law Reporter

[Eric's introductory note: I'm running this post as a paid ad for a new publication called the Data Protection Law Reporter. This is the first time I've run a paid post like this. Why have I made this special accommodation?...

The Spectacular Failure of Employee Social Media Privacy Laws

The Spectacular Failure of Employee Social Media Privacy Laws

[Eric's introductory note: this post has been sitting in the drafts folder since October. I had planned to convert it into a Forbes post, but that ambition instead caused the post to fester for 7 months. Numerous new state laws...

Hulu Unable to Shake Video Privacy Protection Act Claims

Hulu Unable to Shake Video Privacy Protection Act Claims

Plaintiffs were Hulu Plus subscribers who alleged that Hulu improperly disclosed their personal information to third parties (comScore and Facebook) in violation of the Video Privacy Protection Act. On Hulu’s motion for summary judgment, the court grants it as to…

Disclosing Unique User IDs In URLs Doesn't Violate ECPA--In re Zynga/Facebook

Disclosing Unique User IDs In URLs Doesn’t Violate ECPA–In re Zynga/Facebook

In separate lawsuits, plaintiffs alleged Facebook and Zynga violated the Stored Communications Act (in Zynga’s case, also the Wiretap Act). The crux of plaintiffs’ allegations was that when a Facebook user clicked on an ad or a link, the HTTP…

Apple May Be Liable For Privacy Violations by Third Party Developed Apps

Apple May Be Liable For Privacy Violations by Third Party Developed Apps

There are so many privacy lawsuits around the iOS ecosystem that it’s tough to keep track of them all. This particular (consolidated) lawsuit involves privacy claims against Apple and also against various apps, including Angry Birds, Cut the Rope, Facebook,…