Stored Communications Act Bars Disclosure of Facebook Records to Surviving Family Members in the UK
[Post by Venkat Balasubramani] In re Request for Order Requiring Facebook, Inc. to Produce Documents and Things, C 12-80171 LHK (PSG) (N.D. Cal.; Sept. 20, 2012) In 2008, Sahar Daftary fell from a 12th floor building in England. Her surviving…
Split 9th Circuit Panel Approves Facebook Beacon Settlement – Lane v. Facebook
[Post by Venkat Balasubramani] Lane v. Facebook, 10-16380 (9th Cir. Sept. 20, 2012) Facebook’s Beacon initiative has generated more than a few blog posts. Judge Seeborg approved the class settlement, over the objections of several objectors, including Ginger McCall. The…
Social Media Discovery Roundup
[Post by Venkat Balasubramani] * Douglas v. Riverwalk Grill, LLC, 11-15230 (E.D. Mich.; Aug 24, 2012) * Mailhoit v. Home Depot USA, Inc., 11-03892 DOC (SSx) (C.D. Cal.; Sept. 7, 2012) * Robinson v. Jones Lang Lasalle Americas, Inc., 12…
Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth
[Post by Jake McGowan] Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Asharkyu / Shutterstock.com Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may…
My Presentations on the Obama Administration’s “Privacy Bill of Rights” and the Proposed Amendments to the EU Data Privacy Directive
By Eric Goldman Many of you probably haven’t heard about the “CONSENT” project in Europe, but you probably will. The CONSENT project is a multi-year, multi-million dollar research project, funded by the European Union, to conduct empirical research on consumer…
Another School Violated a Student’s First Amendment Rights by Disciplining Her For Facebook Posts — R.S. v. Minnewaska Area School Dist. No. 2149
[Post by Venkat Balasubramani] R.S. ex rel. S.S. v. Minnewaska Area School Dist. No. 2149, 2012 WL 3870868 (D.Minn. September 6, 2012) R.S. was a twelve year old student at a Minnewaska Area middle school. She posted a message to…
Stored Communications Act Does Not Bar Discovery of Employee Phone Records–Mintz v. Bartelstein Assocs.
[Post by Venkat Balasubramani] Mintz v. Bartelstein & Assocs, CV 12 02554 SVW (SSx) (Aug. 14, 2012) Mintz is a sports agent who represents among others, some NBA players. He worked for Bartelstein & Associates for 11 years. After leaving…
No Privacy Claim Against Netflix for Disclosing Viewing Histories and Instant Queue Titles Through Netflix-Enabled Devices — Mollett v. Netflix
[Post by Venkat Balasubramani] Mollett v. Netflix, 11-CV-01629 (N.D. Cal.; Aug 17, 2012) This is a putative class action under the Video Privacy Protection Act alleging Netflix violated the VPPA (and Cal. Civ. Code 1799.3) by .. get this …..
6th Circuit Allows Police GPS Tracking on Prepaid “Burner” Phones — United States v. Skinner
[Post by Jake McGowan] United States v. Skinner, 09-6497 (6th Cir. August 14, 2012) If the name Stringer Bell means anything to you, you probably know what a “burner” is. The third season of The Wire saw aspiring drug runner…
No Fourth Amendment Violation When Your Facebook “Friend” Shares Profile Information With Law Enforcement–US v. Meregildo
[Post by Venkat Balasubramani] US v. Meregildo, No. 11 CR 576 (WHP) (S.D.N.Y.; Aug 10, 2012) Colon moved to suppress evidence seized from his Facebook account pursuant to a warrant. He did not contest the finding of probable cause, but…