Confirmatory Opt-out Text Message Not Actionable Under the TCPA — Ryabyshchuck v. Citibank
[Post by Venkat Balasubramani] Ryabyshchuck v. Citibank, 11-CV-1236 – IEG (WVG) (S.D. Ca. Oct. 30, 2012) Ryabyshchuck filled out an online credit card application. A pop-up message displayed when he entered his information alerted him to the fact that by…
Another Court Finds Online Statements With Links Are Not Defamatory – Seldon v. Compass Restaurant
[Post by Venkat Balasubramani with comments from Eric] Seldon v. Compass Restaurant, 2012 NY Slip Op 32673(U) (NY Sup Ct. Oct. 21, 2012) Eric posted about Redmond v. Gawker Media, a California case where the court found that use of…
Twitter’s Country-Specific Content Blocking Raises Questions about the Efficacy of Geolocation (Guest Blog Post)
By Guest Blogger Marketa Trimble Twitter’s General Counsel announced last week that the company, for the first time, “withheld” content from users from a certain jurisdiction. As Twitter explains on its website, its “goal is to respect [its] users’ expression,…
Q3 2012 Quick Links, Part 5 (E-Commerce, Miscellaneous)
By Eric Goldman and Jake McGowan E-Commerce * Noll v. eBay, 2012 WL 1413442 (N.D. Cal. April 23, 2012). The Complaint. eBay’s “Good ‘Til Canceled” fees survive a legal challenge. * Porras v. StubHub: StubHub not liable for tickets that…
Q3 2012 Quick Links, Part 4 (Facebook, Content Regulation)
By Eric Goldman and Jake McGowan Facebook * Facebook settles “Friend Finder” lawsuit. Prior blog post. * Two girls, ages 12 and 13, face felony for creating a fake Facebook account. * Facebook says ‘Likes’ are Free Speech in Sheriff…
Ninth Circuit Says Yellow Pages are Entitled to Full First Amendment Protection–Dex v. Seattle
[Post by Venkat Balasubramani, with comments from Eric] Dex Media West v. Seattle, Nos. 11-35399 & 35787 (9th Cir. Oct. 15, 2012) [pdf] The City of Seattle thought that Yellow Pages were not particularly useful and created unnecessary waste, so…
Employee’s Twitter Rant Means He Doesn’t Get Unemployment Benefits–Burns v. UCBR
[Post by Venkat Balasubramani] Burns v. Unemployment Compensation Board of Review, No. 1268 C.D. 2011 (Commonwealth Ct. Pa. Oct. 16, 2012) It’s almost become cliché to cite to examples of people fired due to their social media posts, but here…
9th Circuit Zings Best Buy Over Robocalls – Chesbro v. Best Buy
[Post by Venkat Balasubramani, with a comment from Eric] Chesbro v. Best Buy Stores, L.P., No. 11-35784 (9th Cir. Oct. 17, 2012) [pdf] The Ninth Circuit has issued a few consumer-favorable rulings in the unsolicited text and phone call realm….
Court Rejects Challenge to Indictment Over Facebook Threats — US v. Michael
[Post by Venkat Balasubramani] US v. Michael, 2:12 cr 1 WTL CMM (S.D. Ind.; Oct. 9, 2012) Another case involving threats made via Facebook. Here the defendant was indicted for the following Facebook posts: These guys will get whats coming…
The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry (Forbes Cross-Post)
By Eric Goldman Sen. Amy Klobuchar has introduced a new bill, the “Cloud Computing Act of 2012” (S.3569), that purports to “improve the enforcement of criminal and civil law with respect to cloud computing.” Given its introduction so close to…