'Deactivated' Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)

‘Deactivated’ Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)

Brannon Crowe injured his knee. He says it happened at work, so he sued his employer. Based on a Facebook message Crowe allegedly sent to a friend, his employer thinks Crowe suffered the injury on a personal fishing trip. The…

Hoang v. IMDb Argued in the Ninth Circuit

Hoang v. IMDb Argued in the Ninth Circuit

Hoang vs. IMDb, a case we’ve covered closely on the blog, had oral arguments before the Ninth Circuit panel last Friday. The appeal focused on several procedural issues, such as: whether the district court improperly placed the burden on Hoang to…

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…

Are Facebook Photos More Discoverable In Litigation Than Other Social Media Content? (Forbes Cross-Post)

Are Facebook Photos More Discoverable In Litigation Than Other Social Media Content? (Forbes Cross-Post)

Social media posts often play an important part in litigation. Posts can provide more insight into the truth than a litigant’s “official” story in court. A 2009 case stands out: a woman was accused of illegally racing on a freeway…

Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)

Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)

It’s time for my annual recap of the top Internet Law developments of the year. #10: Copyright Fair Use Tilts To Defense. Larry Lessig has famously said that “fair use in America simply means the right to hire a lawyer…

Lawsuit Fails Over Ridesharing Service's Disclosures To Its Analytics Service--Garcia v. Zimride

Lawsuit Fails Over Ridesharing Service’s Disclosures To Its Analytics Service–Garcia v. Zimride

Plaintiff sued Lyft (and others) over privacy violations based on the allegedly improper disclosure of user information by the Zimride service. He alleged that he used the Zimride service, once owned by Lyft and now owned by Enterprise Holdings, and his…

Court Rejects VPPA Claim Against Viacom and Google Based on Failure to Disclose Identity

I blogged before about the privacy lawsuit against Viacom and Google over the disclosure of the viewing habits of minors. The court previously rejected the claims on the basis that the disclosure of user attributes (such as demographic information, unique…

Vonage Isn't Liable For Disclosing 'Unlisted' Phone Number

Vonage Isn’t Liable For Disclosing ‘Unlisted’ Phone Number

Miller is a psychologist who undertakes efforts to keep his phone number unlisted. As part of his work, he evaluated the mental health of criminal defendants. (For various reasons, his family wished to keep the number unlisted as well). He…

Facebook May be On the Hook for Scanning Private Messages for Links

Facebook May be On the Hook for Scanning Private Messages for Links

This is a privacy lawsuit against Facebook: Plaintiffs allege that Facebook scans the content of their private messages, and if there is a link to a web page contained in that message, Facebook treats it as a “like” of the…

Fair Use Protects Sending Expert Witness' Resume to Opposing Counsel--Devil's Advocate v. Zurich Insurance

Fair Use Protects Sending Expert Witness’ Resume to Opposing Counsel–Devil’s Advocate v. Zurich Insurance

Most of us probably have never thought about the coprightability of our resumes or curriculum vitae. Most resumes are highly functional documents, i.e., we don’t write them for fun; and they are just an input into a more important output…