Q2 2018 Quick Links, Part 5 (Potpourri)

My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for closer review or possible posting over the past 18 months…

Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)

Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)

By guest blogger Jeff Kosseff [Jeff Kosseff is an assistant professor of cybersecurity law at the U.S. Naval Academy. The views in this post are only his, and do not represent the Naval Academy, Department of Navy, or Department of…

Q2 2018 Quick Links, Part 3 (Privacy, Advertising, E-Commerce)

Q2 2018 Quick Links, Part 3 (Privacy, Advertising, E-Commerce)

Privacy * Financial Times: How the wealthy use privacy laws to keep out of the news. GDPR as a pro-censorship tool * Techdirt: Companies Respond to the GDPR By Blocking All EU Users  * Financial Times: Data protectionism: the growing menace to global business…

Amazon Again Avoids Liability for Defective Marketplace Item--Fox v. Amazon

Amazon Again Avoids Liability for Defective Marketplace Item–Fox v. Amazon

This is a product liability lawsuit against Amazon due to a hoverboard purchased via Amazon that caught on fire. Plaintiffs bought the hoverboard from the Amazon site in November 2015 as a Christmas gift for their son. The son used…

Uber’s Contract Formation Process Fails (Again)--Cullinane v. Uber

Uber’s Contract Formation Process Fails (Again)–Cullinane v. Uber

The plaintiffs allege Uber made overcharges or improper surcharges. Uber moved to compel arbitration. The district court granted the motion, despite the lack of a leakproof contract formation mechanism. (Blog post mentioning the district court ruling here: “Courts Approve Terms…

Challenge to Santa Monica’s “Anti-Airbnb” Law Dismissed–Homeaway v. Santa Monica

Numerous cities have passed “anti-Airbnb” laws, including Santa Monica. Santa Monica’s regulation, like San Francisco’s, regulated the provision of “booking services” to unlicensed vendors. Airbnb and HomeAway challenged Santa Monica’s regulation. In March, citing the Airbnb v. SF ruling, the…

Court Dismisses Privacy Claims Against Email Subscription Management Tool--Cooper v. UnrollMe

Court Dismisses Privacy Claims Against Email Subscription Management Tool–Cooper v. UnrollMe

UnrollMe provides a service allowing users to opt-out of unwanted emails. It does this by getting its users’ email account login credentials, which allows UnrollMe to access users’ email inboxes. This lawsuit alleges that UnrollMe sold users’ data. (🚨 Irony level:…

Appeals Court Curbs FTC's Enforcement of Security Standards--LabMD v. FTC

Appeals Court Curbs FTC’s Enforcement of Security Standards–LabMD v. FTC

This is an FTC enforcement action against LabMD. A LabMD billing manager installed a peer-to-peer file-sharing application called LimeWire and designated the “my documents” folder on her computer for sharing. This folder contained a 1,718 page file with names, dates…

Redfin Must Defend Copyright Suit Over Property Photos--Stross v. Redfin

Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin

Stross is a photographer who licenses his photographs to real estate agents. He licensed the photos through ACTRIS, a multiple listing service that compiles listings into a database for use by brokers and realtors. ACTRIS users who upload their photos…

Wisconsin Appeals Court Blows Open Big Holes in Section 230–Daniel v. Armslist

Congress eviscerated Section 230 via the Worst of Both World FOSTA, but defendants have been doing well with Section 230 defenses over the past year-plus. Then, last week, a Wisconsin appeals court issued a published opinion that massively screws up…