Deep Packet Inspection (NebuAd) Litigation: Court Dismisses ECPA Claim but CFAA Claim Continues
[Post by Venkat with comments by Eric] Mortensen v. Bresnan Comm., CV 10-13-BLG-RFC (D. Mont. Dec. 13, 2010) A district court in Montana hearing one of the many NebuAd “deep packet inspection” lawsuits partially granted a defendant’s motion to dismiss….
Domain Name Privacy Protection Services Not Liable for Failure to Disclose Identity of Alleged Spammer — Balsam v. Tucows
[Post by Venkat] Balsam v. Tucows, No. 09-17625 (9th Cir.; Dec. 16, 2010) Prolific spam litigant Dan Balsam sued the registrant of [adultactioncam.com] under California’s spam statute for allegedly sending Balsam thousands of pieces of spam. Balsam obtained a default…
Junk Fax Claim Fails Due to “Established Business Relationship” Exception — Cardinal Partners v. Fernandez Discipline
[Post by Venkat] Cardinal Partners, Ltd. v. Fernandez Discipline, LLC, Case No. L-10-1180 (Ohio Ct. App.; Nov. 19, 2010) Background: Toledo chiropractor Dr. William J. Houttekier II shared a fax number with Cardinal Partners (they both apparently had the same…
Melaleuca Files Second Lawsuit Following Dismissal of its CAN-SPAM Claims
[Post by Venkat] Melaleuca v. Hansen, Case 1:10-cv-00553 EJL (D.Idaho) (Nov. 10, 2010) I recently blogged about the dismissal of a CAN-SPAM case by a federal district court in Idaho. The district judge adopted the magistrate judge’s recommendation, and dismissed…
Holomaxx Sues Yahoo, Microsoft, and Others for Non-Delivery of Bulk Emails
[Post by Venkat] Holomaxx Technologies v. Yahoo!, Inc. and IronPort Systems, LLC, Case No. CV10-4926 (N.D. Cal.) [Scribd] Holomaxx Technologies v. Microsoft Corp. and Return Path, Inc., Case No. CV10-4924 (N.D. Cal.) [Justia Page] In what may fit under the…
Another Federal Court Dismisses CAN-SPAM Claims Due to Lack of Standing – Melaleuca, Inc. v. Hansen
[Post by Venkat] Melaleuca, Inc. v. Hansen, No. CV 07-212-E-EJL-MHW (D. Idaho; Sept. 30, 2010) I blogged in June about a CAN-SPAM case in the District of Idaho involving CAN-SPAM and state law claims asserted by Melaleuca, a “multi-level marketing…
Spam Filter Excuse for Missing a Deadline Flies in the Northern District of Illinois — Pace et al. vs. AIG
[Post by Venkat] Pace et al. vs. AIG, 8 C 945 (N.D. Ill.; Nov. 1, 2010) As the court notes in this case, ‘I missed a deadline because I did not receive electronic notice of a filing’ is becoming the…
Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran
[Post by Venkat] Nyack Hosp. v. Moran, 08 Civ. 11112 (SCR)(PED) (S.D.N.Y.; Oct. 20, 2010) Moran was employed by Nyack Hospital. When the employment relationship ended he: sent [an unspecified number of] e-mails, including a 17-page attachment, to over “100…
Sending Politically Charged Emails Does Not Support Disturbing the Peace Conviction — State v. Drahota
[Post by Venkat] State v. Drahota, 280 Neb. 627 (Sept. 24, 2010) [pdf] Background: Drahota was a student at the University of Nebraska who corresponded via email with his political science professor Avery. According to the opinion, they “shared a…
New York Court Dismisses Putative Class Action Brought Under California Spam Statute — Bank v. Hydra Group, LLC
[Post by Venkat] Bank v.Hydra Group LLC, 10-CV-1770 (JG) (E.D.N.Y. Sept. 24, 2010) Todd Bank brought a putative spam class action against Hydra Group. The court dismissed the lawsuit for lack of subject matter jurisdiction. Bank alleged that he received…