Congress May Crack Down On Businesses’ Efforts To Ban Consumer Reviews (Forbes Cross-Post)
…trick popularized by Medical Justice, while the federal law doesn’t clearly provide for any consumer recourse or any financial penalties for businesses that violate the restrictions. The federal bill has…
Employer Isn’t Liable When Former Employee Linked His Apple Accounts To Its Devices–Sunbelt v. Victor
…messages were transmitted to the iPhone he returned to Sunbelt. He sued for violations of the Wiretap Act, Stored Communications Act and Section 502 of the California Penal Code. His…
California Tells Businesses: Stop Trying To Ban Consumer Reviews (Forbes Cross-Post)
…business never enforces it, or threatening to enforce such a clause can lead to a penalty of up to $2,500 (up to $10,000 if the violation is willful). The penalties…
2014 Internet Law Casebook and Syllabus Now Available
…Fraud & Abuse Act Review: the Computer Fraud & Abuse Act, 18 U.S.C. §1030 [http://www.law.cornell.edu/uscode/text/18/1030], and California Penal Code §502 [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9] Comparison of Trespass to Chattels Doctrines ……………………………………………………….. 93 Intel…
‘Silk Road’ Ruling Will Hurt Online Commerce (Forbes Cross-Post)
…transaction that occurred on Silk Road during the nearly three-year period covered by the Indictment. Instead, he wrote (or had others write) certain code that automated the transaction. Yet, as…
Q2 2014 Quick Links, Part 1 (IP)
…Radiancy’s internet marketing techniques are designed to “piggyback” Viatek’s marketing by using the Pearl trademark in the code for its website and by paying Google to have results for the…
Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights
…personally harmful. [emphasis added] Section 502 of California Penal Code: This section has been interpreted to require circumvention of a technical or code-based barrier. Plaintiffs argued that LinkedIn “tunnels through…
The Spectacular Failure of Employee Social Media Privacy Laws
…despite its partial staleness.] ____ I previously blogged about California Labor Code 980, the law attempting to restrict employers from asking for employee’s social media login credentials. In October 2013,…
Hulu Unable to Shake Video Privacy Protection Act Claims
…particular Hulu user, as well as the name of the program being viewed, along with other details. Hulu’s code also allowed for the placement of a unique comScore ID for…
Apple May Be Liable For Privacy Violations by Third Party Developed Apps
…California’s anti-hacking statute, section 502 (for failure to allege that Apple circumvented a technical or code-based barrier); (2) design defect/failure to warn (failure to allege harm to person or property);…