When Does Online Criticism Become "Stalking"?--Ellis v. Chan

When Does Online Criticism Become “Stalking”?–Ellis v. Chan

This is an online harassment dispute. Ellis, the plaintiff/petitioner, is the author of a poem called “The Dash”. She has achieved some degree of public figure status through the poem’s notoriety. The poem is about a person who speaks at…

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…

Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters

Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters

This is a super interesting case that’s working its way through the courts in Washington. In a nutshell, T-Mobile was a defendant in a breach of contract lawsuit brought by NetLogix in the Western District of Washington. T-Mobile was represented…

Employer Isn't Liable When Former Employee Linked His Apple Accounts To Its Devices--Sunbelt v. Victor

Employer Isn’t Liable When Former Employee Linked His Apple Accounts To Its Devices–Sunbelt v. Victor

Victor worked at Sunbelt as a sales rep but left to join a competitor. His former employer is suing him for trade secret misappropriation. Victor asserted privacy-based counterclaims. Sunbelt assigned him an iPhone and an iPad. He created an Apple…

Texas Supreme Court Limits Reach of Pre-suit Discovery (Guest Blog Post)

Texas Supreme Court Limits Reach of Pre-suit Discovery (Guest Blog Post)

[Eric’s introduction: this guest blog post comes from Ed Cavazos of Bracewell & Giuliani in Austin, Texas, who I’ve known for 20 years. Ed was part of the first wave of lawyers and scholars focusing on Internet law, and he…

When Is It Appropriate To Monitor An Ex-Spouse's Email Account? Never

When Is It Appropriate To Monitor An Ex-Spouse’s Email Account? Never

Zaratzian and Abadir were married but divorced after a little over a decade. While the couple was married, Abadir opened a Cablevision account for internet and email service. He configured an account for Zaratzian and set the password. He also…

Lock Manufacturer Onity Had Only One Job, But Isn't Liable For Failing To Do It Well (Forbes Cross-Post)

Lock Manufacturer Onity Had Only One Job, But Isn’t Liable For Failing To Do It Well (Forbes Cross-Post)

Let’s start with two non-controversial propositions: (1) no lock offers perfect security, and (2) any lock that can be defeated by a “stupidly simple” method is functionally worthless. But can a buyer of a functionally worthless lock recover in court?…

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…

Primer on European Union's Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap

Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap

I haven’t yet written about the ECJ Right to Be Forgotten ruling directly, though I’ve already referenced it on the blog a few times. The ruling itself came out during a business trip when I was tied up, so I…

Minors' Privacy Claims Against Viacom and Google Over Disclosure of Video Viewing Habits Dismissed

Minors’ Privacy Claims Against Viacom and Google Over Disclosure of Video Viewing Habits Dismissed

Plaintiffs alleged that Viacom and Google violated the Video Privacy Protection Act and other federal and state privacy laws by improperly collecting and passing along information when end users (kids) viewed videos or games at Viacom-owned websites (nick.com, nickjr.com, and…