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…

Illinois Users' Face-Scanning Privacy Lawsuit Against Facebook Headed to Trial

Illinois Users’ Face-Scanning Privacy Lawsuit Against Facebook Headed to Trial

This is a class action asserting that Facebook’s face recognition and scanning practices violate the Illinois Biometric Privacy Act rights of Illinois users. The court previously rejected Facebook’s arguments based on choice of law and standing, and certified a class….

First Amendment Doesn’t Protect Encouraging Readers to Make Anti-Semitic Attacks–Gersh v. Daily Stormer

Gersh, the plaintiff, is a realtor living in Whitefish, Montana. She heard about a planned protest of businesses housed in a building owned by Sherry Spencer, the mother of Richard Spencer. (Richard, among other things, went viral for getting punched…

Court Affirms Stalking and Harassment Conviction for Tagged Tweets–In re AJB

This is a stalking and harassment case involving tweets by classmates of the victim. The court recites the facts below: In March 2016, high school students, W.K., B.L., and appellant A.J.B., discussed that M.B., a fellow student who had been…

2H 2017 & Q1 2018 Quick Links, Part 6: Privacy and More

Privacy * A string of great articles from Kash Hill: – Roomba’s Next Big Step Is Selling Maps of Your Home to the Highest Bidder – The House That Spied on Me – Facebook Figured Out My Family Secrets, And It Won’t Tell…

Researchers’ Challenge to CFAA Moves Forward--Sandvig v. Sessions

Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions

This is a lawsuit brought by four professors and a media organization (First Look, publisher of the Intercept). Plaintiffs study real estate, finance, and employment transactions and seek to highlight the discriminatory effects of algorithms. To do so, they create…

Top Internet Law Developments of 2017 (Very Late)

Top Internet Law Developments of 2017 (Very Late)

[It’s a sign of my busy 2018 that I’m only now posting my annual Internet Law year-in-review recap. Better late than never?] 2017 was a generally OK year for me personally. My wife’s health has been stable, I was able…

UN's "Privacy Rapporteur" Speaking at Santa Clara University April 9

UN’s “Privacy Rapporteur” Speaking at Santa Clara University April 9

We invite you to attend a talk, entitled “Privacy, Personality, and Progress on Surveillance,” by Prof. Joseph Cannataci. The talk will be at Santa Clara University on April 9, 2018, from 7 to 8:30 pm. More details and free RSVP at the event…

Plaintiff's Location-Based Privacy Claim Against BART Reporting App Fails

Plaintiff’s Location-Based Privacy Claim Against BART Reporting App Fails

In Moreno v. S.F. Bay Area Rapid Transit District, the plaintiff sued BART and Elerts Corporation for allegedly violating several California privacy statutes and infringing plaintiff’s common law and constitutional privacy rights. The court rejects the claims. BART, in cooperation…

Some Upcoming Internet Law and Privacy Events at Santa Clara Law

We’re holding some outstanding Internet Law and privacy events on campus this semester that I wanted to make sure you knew about: * January 30, noon to 1: Ed Felten on the Future of Artificial Intelligence * February 2, all day: Content Moderation and…