Top 10 Internet Law Developments of 2016

Donald Trump’s election as president pretty much dominated our thoughts about 2016 (though Brexit was pretty significant too). So I decided to break up my annual top 10 list into two separate top 5 lists, one election-related, one not. Top…

2H 2016 Quick Links, Part 5 (Patents, Other IP, Employment, CFAA)

Patents * Tim Holbrook on how slow FDA procedures contribute to de facto monopolies for off-patent drugs/devices * Washington Post: Patent lawsuits swell and watchdog says the government is to blame * Washington Post: Patent office workers bilked the government…

Q2 2016 Quick Links, Part 4 (Marketing, Privacy, Contracts)

Advertising/Marketing * Google will no longer run ads for payday lenders. * GALA: Brazil Enacts New Ambush Marketing Laws in Advance of Rio 2016 Olympic Games * Slate: The Do Not Call list was supposed to defeat telemarketers. Now scammy…

Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com

We blog pretty much every scraping case we see; we just don’t see many of them. As I’ve told you before, scraping is ubiquitous but of dubious legality. Today’s case reiterates just how hard it is for scrapers to win…

The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Forbes Cross-Post)

Last week, Congress passed the Defend Trade Secrets Act (the DTSA), which President Obama will sign soon. The Defend Trade Secrets Act extends the current Economic Espionage Act of 1996, which criminalizes certain trade secret misappropriations, to allow civil lawsuits….

Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For Apple, a Search for a…

Using Scraper to Harvest Records Isn't Fraudulent Access Under CFAA--Fidlar v. LPS

Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS

Fidlar works with counties to digitize and index land records. It also makes available a software client (Laredo) that allows end users to access these records. Billing is handled by the counties, and counties have monthly access plans. The counties…

2H 2015 Quick Links, Part 3 (Trespass To Chattels, Privacy/Security)

2H 2015 Quick Links, Part 3 (Trespass To Chattels, Privacy/Security)

Trespass to Chattels * Crapps v. State, 2015 WL 8114247 (Fla. Dist. Ct. App. Dec. 8, 2015). This is a revenge porn case, and the defendant was convicted of violating an anti-stalking protection order. However, in this ruling, the court…

Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google

Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google

This is a lawsuit alleging that Google and others circumvented cookie-blocking settings of popular browsers. Our blog post on the district court ruling here: “Google Wins Cookie Privacy Lawsuit”. Plaintiffs asserted federal and state claims. The court affirms dismissal of…

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Commerce * NAD tells CheapoAir that it can’t run keyword ads showing the lowest priced flight in its database if it can’t deliver that fare to the consumer. * United Airlines sues 22-year-old who found a method for buying cheaper…