Video Privacy Protection Act Plaintiffs Can Proceed Against Hulu Absent Showing of Actual Injury
Plaintiffs sued Hulu asserting violations of the Video Privacy Protection Act based on alleged disclosures to Comscore and Facebook of plaintiffs’ viewing information. The court denied an initial motion to dismiss by Hulu based on standing. Hulu later brought a…
Florida Drops Ill-Conceived Proposal To Ban Competitive Keyword Advertising By Lawyers (Forbes Cross-Post)
In March, the Florida State Bar’s Standing Committee on Advertising proposed an ethics opinion (Proposed Advisory Opinion A-12-1). The opinion was designed to help Florida lawyers understand what they could ethically do with online marketing. It targeted a melange of…
Google Gets Dismissal of Lawsuit Over Privacy Policy Integration–In re Google Privacy Policy
This is another potentially important but head-scratching Northern District of California ruling in an Internet privacy lawsuit. This lawsuit involves Google’s integration of its various product-specific databases of user information into one giant across-Google Database of Ruin. It was inevitable…
Employee Termination Based on Mistaken Belief of Facebook Post Authorship Upheld — Smizer v. Community Mennonite Early Learning Ctr.
Smizer v. Community Mennonite Early Learning Ctr, 2013 WL 5769936 (7th Cir. Oct. 25, 2013) [pdf] Lawrence Smizer was a teacher’s aide at Mennonite Early Learning Center. His sister was apparently involved in a bitter custody dispute involving her son….
Social Media Rant Against Airline Employee Wasn’t Defamatory But May Be False Light–Patterson v. Grant-Herms
[Post by Venkat Balasubramani with comments from Eric] Patterson v. Grant-Herms, 2013 Tenn. App. 675 (Tenn. Ct. App. Oct. 8, 2013) Defendant Natalie Grant-Herms wasn’t allowed to board a flight at the same time as her four year old daughter,…
Organizing an “Internet Safety” Presentation? Don’t Troll Through Students’ Facebook Accounts Looking for Bikini Photos
[By Venkat Balasubramani, with comments from Eric] Chaney v. Fayette County Public School Dist., 2013 U.S. Dist. LEXIS 143030 (N.D. Ga. Sept. 30, 2013). Chelsea Chaney posted a photo to Facebook of herself in a bikini standing next to a…
Gossip Site That Uses Misidentified Photo May Be Liable for Publicity Rights Violation — Edme v. Internet Brands
[Post by Venkat Balasubramani] Edme v. Internet Brands, Inc., 12 cv 3306, 2013 U.S. Dist LEXIS 132008 (E.D.N.Y. Sept. 16, 2013) In what seems more like a law school exam scenario than real life, a woman who was mistakenly identified…
Facebook Sponsored Stories Settlement Approved – Fraley v. Facebook
[Post by Venkat Balasubramani] Fraley v. Facebook, Inc., C 11-1726 RS (N.D. Cal. Aug. 26, 2013) (Digital Media Law Project’s page for the case) (Access a copy of the amended settlement agreement here: [pdf].) Judge Seeborg initially rejected the proposed…
Rationalizing (?) the Hart and Keller v. EA Sports Publicity Rights Rulings (Guest Blog Post)
By Guest Blogger Tyler Ochoa [Eric’s note: this is a long blog post from my colleague Tyler. It does a great job demonstrating that the interplay between the First Amendment and the publicity rights is complete anarchy, which isn’t surprising…
H1 2013 Quick Links, Part 2 (Privacy, Search Engines)
By Eric Goldman and Jake McGowan Privacy * Transcript of court hearing in California v. Delta Airlines. Judge’s ruling starts p. 20. The case archive. * Fleischer v. NYP Holdings, Inc., 2013 WL 1105005 (N.Y.A.D. Mar. 19, 2013): “Plaintiff’s third and…