Facebook Gets Easy Section 230 Win in DC Circuit–Klayman v. Facebook
A Facebook user posted an anti-Semitic page entitled “Third Palestinian Intifada.” Many people objected to the page, but Facebook allegedly dragged its feet before eventually removing the page. For reasons I’ve never fully understood, Klayman (a lawyer, naturally) felt wronged…
Plastic Surgeon’s “Before & After” Photos Violate NY Publicity Rights–Manzione v. Mashkevich
Dr. Grigoriy Mashkevich performed rhinoplasty on Catherine Manzione and took before-and-after photos of Manzione. Confusingly, Manzione apparently signed two seemingly inconsistent form consent agreements regarding the photos. One said: I do not want my photos to be used. I understand…
Texas Appellate Court Erases Court Order To Erase Google Search Results
The Texas Commission for Lawyer Discipline initiated a proceeding against lawyer Calvin Jackson of League City, Texas, but the commission later changed its mind and dropped the suit. Jackson then asked to expunge the action (what the court calls “expunction,”…
Revenge Porn/Cyberstalking Conviction Doesn’t Violate First Amendment–US v. Osinger
V.B. and Osinger had a relationship. When it terminated, he continued to contact her in a variety of ways (email, text, etc.). They originally lived in Illinois, but V.B. moved to California, where she accepted a job. Before she moved,…
Path May Be Liable for Text-Spamming Users’ Contact Lists
Sterk, of Sterk v. Redbox fame, sued Path, alleging that he received unsolicited marketing texts from Path. The court declined Path’s request to stay the case in favor of FCC proceedings, and the parties filed summary judgment motions on the…
Police Officers Aren’t Liable For Investigating Cyberstalking and Revenge Porn–Keaton v. Hannum
Keaton is an Indiana lawyer who was charged with stalking and otherwise harassing his ex-girlfriend, Zook (then a law student). When she broke it off, Keaton continued to contact her. When she changed her phone number, he engaged a private…
CAN-SPAM Preemption Doesn’t Apply To Fraud…And More
This a spam case. Plaintiff sued, alleging violations of California’s spam statute with respect to 49 emails. Plaintiff alleged that defendants: register[ed] its domain names used to send spams to unregistered fictitious business names claiming their addresses to be boxes…
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[Ad] New Publication Announcement: Data Protection Law Reporter
[Eric’s introductory note: I’m running this post as a paid ad for a new publication called the Data Protection Law Reporter. This is the first time I’ve run a paid post like this. Why have I made this special accommodation?…
How The DMCA’s Online Copyright Safe Harbor Failed
[Eric’s introductory note: I’m continuing my Spring housecleaning of blog posts that got stuck in draft mode for more than a half-year. I wrote this post in September intending it for Forbes, and some of it got obliquely incorporated into…
The Spectacular Failure of Employee Social Media Privacy Laws
[Eric’s introductory note: this post has been sitting in the drafts folder since October. I had planned to convert it into a Forbes post, but that ambition instead caused the post to fester for 7 months. Numerous new state laws…