Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment — Kirch v. Embarq
[Post by Venkat Balasubramani with comments from Eric] Kirch v. Embarq, 10-2047-JAR (D. Kan. Aug. 19, 2011) The fallout from Nebuad’s ill-fated deep packet inspection continues to percolate through the courts. Plaintiffs sued NebuAd and ISPs in the same forum…
Federal Geolocation Bills Differ on Scope and Damages (Guest Blog Post)
By Sonya Ziaja [Sonya is an American attorney and MSc. candidate at University of Oxford. She writes regularly for LegalMatch and Shark. Laser. Blawg.] Congress will be considering at least two geolocation privacy bills this term. The bipartisan Geolocation Privacy…
Connecticut Court of Appeals Tackles Authentication of Facebook Messages — State v. Eleck
[Post by Venkat Balasubramani] State v. Eleck, (AC 31581 (Conn. Ct. App. Aug 9, 2011) There have been several recent cases that deal with the authentication of social networking evidence. The Connecticut Court of Appeals recently tackled the issue of…
Another Lawsuit over Flash Cookies Fails — Bose v. Interclick
[Post by Venkat Balasubramani, with comments from Eric] Bose v. Interclick, Inc., et al., 10-cv-09183-DAB (S.D.N.Y. Aug. 17, 2011) Bose sued Interclick, an advertising network, and various advertisers (including McDonald’s, Mazda and Microsoft) over “flash cookies” and “history sniffing.” As…
Backpage Gets 47 USC 230 Defense for Prostitution Ads–M.A. v. Village Voice
By Eric Goldman M.A. v. Village Voice Media Holdings LLC, 2011 WL 3607660 (E.D. Mo. Aug. 15, 2011) M.A. was the victim of a convicted sexual trafficker, Latasha Jewell McFarland. M.A. alleges that McFarland created child pornography of M.A., posted…
Ikon Office Solutions Had no Duty to Disclose That Office Equipment Retained Data — Putnam Bank v. Ikon Office Solutions
[Post by Venkat Balasubramani] Putnam Bank v. Ikon Office Solutions, Inc., 10-cv-1067 (WWE) (D. Conn.; July 5, 2011) Putnam Bank filed a putative class action on behalf of those who purchased and leased office equipment from Ikon, alleging that Ikon…
A Close Look at Missouri’s “Amy Hestir Student Protection Act” (Guest Blog Post)
By guest blogger Sydney Muray, Certified Paralegal In the 1980s, a 12-year-old girl named Amy Hestir was manipulated by her seven-grade music teacher into an abusive sexual relationship that lasted over a year. While Amy suffered severe emotional trauma as…
Racy Teen Photos Posted to Facebook Are Constitutionally Protected Speech–TV v. Smith-Green
By Eric Goldman T.V. v. Smith-Green Community School Corp., 2011 U.S. Dist. LEXIS 88403 (N.D. Ind. Aug. 10, 2011). It appears we will get a steady stream of legal rulings about teens being teens while playing around with Facebook accounts….
Missouri Federal Court Says LegalZoom Could be Engaged in the Unauthorized Practice of Law — Janson v. LegalZoom
[Post by Venkat Balasubramani] Janson v. LegalZoom, Inc., 2:10-CV-04018-NKL (W.D. Mo. Aug. 2, 2011) Background: LegalZoom offers “blank legal forms that customers may download.” In addition, LegalZoom makes available an internet portal. Here’s how LegalZoom describes this aspect of its…
The 9th Circuit Tackles a Pair of Internet Jurisdiction Cases
[Post by Venkat Balasubramani] I’m inclined to agree with Eric that internet personal jurisdiction cases are not the most exciting. The resolution of a question over whether personal jurisdiction is proper often has more to do with whether the court…