Your Movements Shall Be Traced: The New EU Regulation on Cross-Border Portability (Guest Blog Post)

by guest blogger Marketa Trimble On May 18, 2017, the European Parliament adopted with amendments the EU Cross-Border Portability Regulation (Regulation (EU) of the European Parliament and of the Council on cross-border portability of online content services in the internal market)….

Revisiting the Discoverability of Facebook Account Activity–Gordon v. TGR

The facts of this case are fairly typical. The plaintiff was hit by a truck. She sued the truck company and driver. In discovery, the defendants requested that she “download and produce an electronic copy of your Facebook account history”…

VPPA Still Doesn't Protect App Downloaders--Perry v. CNN

VPPA Still Doesn’t Protect App Downloaders–Perry v. CNN

Plaintiff sued CNN under the Video Privacy Protection Act, alleging that CNN wrongly disclosed plaintiff’s viewing records without plaintiff’s consent. The allegation is that plaintiff used the CNN app, which records viewing history, and CNN sent this information to Bango, a…

New Draft Article: “Judicial Resolution of Nonconsensual Pornography Dissemination Cases”

I’ve posted to SSRN a new article titled Judicial Resolution of Nonconsensual Pornography Dissemination Cases. I co-authored it with Angie Jin, a recent Cornell Law alum. The paper is in draft form, and we would gratefully welcome your comments. The…

Plaintiff Can’t Erase Court Order From the Internet–Nelson v. Social Security Commissioner

The Commissioner of Social Security ruled that Nelson’s disability ended in 2010 and terminated benefits. In 2014, Nelson filed a federal lawsuit contesting that determination. In 2014, the judge ruled in her favor. In 2016, Nelson went back to court….

Court Strikes Probation Condition Against Using a Device Containing Encryption–In re Mike H.

Mike, a minor, pled guilty to committing sodomy on a minor against his girlfriend. The crime had no relationship to the Internet, although Mike and his girlfriend had texted each other and Mike admitted to masturbating to online pornography once…

Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine

Doe Publius (nice alias) runs the “The Real Write Winger” blog, hosted by WordPress. He was unhappy about California’s ammunition purchase registry, which publishes “the driver’s license information, residential address and telephone number, and date of birth for anyone who…

2H 2016 Quick Links, Part 9 (Privacy/Security)

* California AB 691: “Revised Uniform Fiduciary Access to Digital Assets Act.” The key part is the new Probate Code Sec. 873(a): A user may use an online tool to direct the custodian to disclose to a designated recipient or…

Does Google’s Non-Disclosure Agreement With Employees Overreach? (Guest Blog Post)

Guest Post by Sharon K. Sandeen In the lead-up to this year’s Presidential election, there was a lot of chatter about the next “bomb-shell” bit of information that might be revealed about Donald Trump, particularly after his now-infamous pussy-grabbing comments….