Eloisa LaRocca alleged that her former husband installed spyware on her computer and intercepted emails she sent. The ex-husband moved for summary judgment on the basis that ECPA did not apply to spousal interceptions of electronic communications. The ex-husband also…
[Two brief introductory notes: (1) the trade secret bills have been dormant in Congress pending the November elections, but don’t rule out the possibility of them roaring back immediately thereafter, and (2) I have uploaded an expanded version of this…
This is an online harassment dispute. Ellis, the plaintiff/petitioner, is the author of a poem called “The Dash”. She has achieved some degree of public figure status through the poem’s notoriety. The poem is about a person who speaks at…
* United States v. Valle, 2014 WL 2980256 (S.D.N.Y. June 30, 2014). The highly unusual facts of this case reflect the Internet age in which we live. To prove the kidnapping conspiracy alleged in Count One, the Government relied on…
We invite your participation in the Fifth Annual Internet Law Work-in-Progress conference at Santa Clara University School of Law on March 7, 2015. The conference series is co-sponsored by the High Tech Law Institute at Santa Clara University School of…
Shopkick is a rewards-based app that shoppers use on their phone while they are in-store shopping. I’m not precisely sure how it works (you get points for trying on items or walking in certain parts of the store?) but it…
Right to Be Forgotten * U.S. Attitudes Toward the ‘Right to Be Forgotten’: 1. Sixty-one percent of Americans believe some version of the right to be forgotten is necessary. 2. Thirty-nine percent want a European-style blanket right to be forgotten,…
Text Enhance, a program developed by Affluent Ads, scans web page text for certain keywords. When the user mouses over any of those keywords, the adware serves up a pop-up ad on the user’s computer. Halperin ended up with Text…
By Tyler Ochoa [Eric’s intro: in Tyler’s cover email to me, he told me the ruling was “huge, as in 1906-San-Francisco-earthquake huge. It literally could result in undoing 75 years of copyright history.”] A federal court in California has held…
This is a super interesting case that’s working its way through the courts in Washington. In a nutshell, T-Mobile was a defendant in a breach of contract lawsuit brought by NetLogix in the Western District of Washington. T-Mobile was represented…