Employer Gets Section 230 Immunity For Employee’s Posts–Miller v. FedEx
[Note: I am massively behind in blogging Section 230 cases. I probably have a dozen or so festering in my queue. C’est la vie. This case jumps to the front of the queue because of its recency and its relatively…
Yahoo! Scores Significant Win in Email-to-SMS Lawsuit
We’ve blogged a bunch about text spam lawsuits in general, and about those against Yahoo! as well. Most recently, a judge denied Yahoo!’s request to dismiss a lawsuit relating to IM-to-SMS functionality. (See “TCPA Claim Over Yahoo!’s IM to SMS…
Court Spoils “Banana Lady’s” Appeal Over Online Recordings of Her Act
Catherine Conrad is the “Banana Lady” (see her Facebook photos) who delivers singing birthday telegrams. I didn’t know such things still exist, but perhaps they do in the Midwest (she’s based in the Madison, Wisconsin area). For reasons the court…
Talk on Why State Legislatures Shouldn’t Regulate Internet Privacy
As regular readers know, I view state legislatures as currently the #1 threat to the Internet’s integrity. In the name of “protecting the kids” and “helping the Internet”, state legislatures are manufacturing a slew of anti-innovation laws that cumulatively threaten…
Daughter’s Celebratory Facebook Post Really “Sucked”–Gulliver Schools v. Snay
Patrick Snay was headmaster at Gulliver Preparatory School, a private school in the Miami area. The school didn’t renew his contract, so he sued for age discrimination and retaliation. The parties settled confidentially for $150k, broken down as $10k of…
In Its “Innocence of Muslims” Ruling, the Ninth Circuit is Guilty of Judicial Activism–Garcia v. Google
In a ruling that sent shockwaves through the internet community, the Ninth Circuit, with one judge dissenting, found that an injunction should have been granted against YouTube, requiring removal of the “Innocence of Muslims” film. Does Garcia have a copyright…
Revenge Porn Prosecution Stumbles In New York
The defendant: Posted naked pictures of [Jane Doe]*, who was then his girlfriend, on his Twitter account, and also sent those pictures to [Doe’s] employer and sister. Defendant was charged with (1) aggravated harassment; (2) dissemination of “unlawful surveillance images”;…
Revenge Porn Threat Justified Injunction
Clark and McLane engaged in a several month-long relationship, which ended when Clark notified McLane’s wife of the affair. McLane threatened Clark: He informed her that he had created a website in her name on which he planned to post…
TCPA Claim Over Yahoo!’s IM to SMS Messaging Survives Summary Judgment
Yahoo! offers instant message users the ability to receive a text message notification of an instant message. A customer received two messages, and sued for violations of the Telephone Consumer Protection Act. The court denies Yahoo!’s motion for summary judgment….
Law Student Can’t Enforce Defense Lawyer’s “Prove-Me-Wrong” Promise in TV Interview
This is a fun case! Serrano was accused of murdering (in 1997) four people in central Florida. The trial attracted publicity, and his defense lawyer Mason fought the case in the court of public opinion as well as in court….