Court Dismisses Data Breach Lawsuit Against LinkedIn Based on Compromised Passwords – In re LinkedIn User Privacy Litigation
[Post by Venkat Balasubramani] In re LinkedIn User Privacy Litigation, 2013 WL 844291 (N.D. Cal. Mar. 5, 2013) [pdf] LinkedIn suffered a data breach in 2012. Someone allegedly posted 6.5 million passwords and email addresses from LinkedIn users on the…
Employer Fails to State Stored Communications Act Claims Absent Allegations That Employees Interfered With Company Accounts – Castle Megastore v. Wilson
[Post by Venkat Balasubramani] Castle Megastore Group, Inc. v. Wilson, et al., 2013 WL 672895 (D. Ariz. Feb. 25, 2013) Castle Megastore is going after three of its former employees for their alleged breaches of contract, misappropriation of trade secrets,…
Building Owner Can’t Discover the Identity of Tenant Who Writes Bashing Yelp Review (Forbes Cross-Post)
By Eric Goldman Brompton Building, LLC v. Yelp!, Inc., 2013 IL App (1st) 120547-U (Ill. App. Ct. Jan. 31, 2013) Battles over online anonymity aren’t new, and we’ve made a lot of progress clarifying the legal rules. Usually, when a…
Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211
[Post by Venkat Balasubramani] [Washington State’s Proposed Employer Social Media Password Legislation – SB 5211] Eric previously posted on his concerns about California’s law restricting employer access to social media accounts. The Washington State Senate recently proposed a law (SB…
“Privacy Policies in the United States” Presentation Slides
By Eric Goldman I recently guest lectured on drafting privacy policies in the United States. My presentation slides. One of my big-picture takeaway points is that privacy laws and associated industry self-regulation have gotten so extensive that drafting privacy policies…
California Supreme Court: Retail Privacy Statute Doesn’t Apply to Download Transactions – Apple v Superior Court (Krescent)
[Post by Venkat Balasubramani with comments from Eric] Apple v. Superior Court ex rel Krescent, S199384 (Cal. Sup. Ct. Feb. 4, 2013) In a divided ruling, the California Supreme Court held that California’s privacy statute restricting retailers from collecting personal…
State Laws Restricting Social Media Use by Sex Offenders Are Failing in Court
[Post by Venkat Balasubramani with comments by Eric] Statutory schemes in three different states intending to regulating the online activities of convicted sex offenders have meet with judicial disapproval. Doe v. Nebraska, 09CV456 (D. Neb. Oct. 17, 2012): Nebraska’s statute…
My Talk to High Schoolers About Accountability for Online Content
By Eric Goldman Earlier this month, I spoke at Los Altos High School as part of their “History Week” (check out that speaker roster!). The topic title is “Internet and Social Media Usage Rights,” which I turned into a talk…
Is Recusal Required When a Judge is Facebook “Friends” With a Prosecutor? Question Certified to Florida Supreme Court — Domville v. State
[Post by @VBalasubramani] Domville v. State, No. 4D12 556 (Fla. Dist. Ct. App. Jan. 16, 2013) [pdf] We blogged about a decision where a Florida court ruled that a judge who was hearing a criminal case and was Facebook friends…
Tenured Teacher Properly Fired for Facebook Quips About Her Students–In re Tenure Hearing of Jennifer O’Brien
[Post by Venkat Balasubramani with comments by Eric] In the Matter of the Tenure Hearing of Jennifer O’Brien, State Operated School District of the City of Patterson, Passaic County, 2013 WL 132508 (Jan. 11, 2013) [pdf] O’Brien taught in New…