Wiretap Claims Against Gmail Scanning Survive Motion to Dismiss — In re: Google Inc. Gmail Litigation
[Post by Venkat Balasubramani] In re: Google Inc. Gmail Litigation, 13-MD-02430-LHK (N.D. Cal. Sept. 26, 2013) This is a consolidated multi-district lawsuit challenging Google’s practice of scanning emails for the purpose of delivering advertising. In a harshly toned order, Judge…
Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v. CH
[Post by Venkat Balasubramani] Matot v. CH, et al, 13-cv-153-TC (D.Or.) (Report and Recommendation, Aug. 19, 2013) (Order Dismissing Lawsuit, Sept. 26, 2013) This is a strange lawsuit brought by an assistant middle high school principal who alleged that defendants…
Sending a “DTF?” Text Message Supports Restraining Order — Finigan v. Weinberg
[Post by Venkat Balasubramani] Finigan v. Weinberg, 2013 Cal. App. Unpub. LEXIS 5868 (Cal. Ct. App. Aug. 21, 2013) Weinberg was a lieutenant in the Navy. In July 2011, he met with Finigan (a JAG Officer) to obtain legal advice….
Telephone Consumer Protection Act Case Update – Summer 2013 Edition
[Post by Venkat Balasubramani] There are a ton of TCPA cases out there. I don’t have the resources to track all of them, but here are a few that came up on my radar screen over the past few months….
Supervisor’s Post-Termination Access of Employee’s Gmail Account May Violate ECPA – Lazette v. Kulmatycki
[Post by Venkat Balasubramani] BYOD Meets SCA in E-Mail Privacy Case
Employee’s Privacy Claim Based on Allegedly Improper Access to Facebook Post Fails — Ehling v. Monmouth-Ocean Hosp.
[Post by Venkat Balasubramani] Ehling v. Monmouth-Ocean Hosp. Service Corp., 2013 WL 4436539 (D.N.J. Aug. 20, 2013). We previously blogged about a case where the court declined to dismiss claims brought against an employer for accessing one employee’s Facebook posts…
Another Judge Declines to Dismiss Claims Against Apple over App Privacy Practices — Pirozzi v. Apple
[Post by Venkat Balasubramani] Pirozzi v. Apple, Inc., 12-cv-01529-JST (N.D. Cal. Aug. 3, 2013) This is a lawsuit alleging that Apple allowed its app developers to improperly collect the personal information of users. The court previously granted Apple’s request to…
Federal Court Doesn’t ‘Like” Service of Process via Facebook — Joe Hand Proms. v. Carrette
[Post by Venkat Balasubramani] Joe Hand Promotions, Inc. v. Carrette, 12-2633-CM (D. Kan. July 9, 2013) People have mused about the inevitability of service of process via Facebook, but a recent decision shows that it may not be so quick…
Breach of Data Retention Policy Doesn’t Create Actionable Injury – Burton v. Time Warner (Catch-up Post)
[Post by Venkat Balasubramani] Burton v. Time Warner Cable Inc., 12-06764 JGB (AJWx) (C.D. Cal. March 20, 2013) [Note: this is a catch up post that fell by the wayside, but I thought it was interesting in its recap of…
University May Be Liable for Improper Access to Student’s Facebook Photos – Rodriguez v. Widener Univ.
[Post by Venkat Balasubramani] Rodriguez v. Widener Univ., 12-1226, (E.D. Pa. June 17, 2013) Rodriguez was enrolled at Widener under the G.I. Bill, and was earning above-average grades. He had some friction with his advisor over their respective views of…