It’s Illegal For Offline Retailers To Collect Email Addresses–Capp v. Nordstrom
The California Supreme Court issued a decision a couple of years ago holding that a zip code is “personal identification information” under the Song-Beverly Credit Card Act of 1974, making it illegal for retailers to ask consumers to provide zip…
Google’s Forum-Selection Clause Upheld Again–Rudgayzer v. Google
Over the years, Google has defended its standardized agreements numerous times in court. As with its litigation portfolio generally, Google has had an excellent success rate in these cases. Recently, another court upheld Google’s member agreement–not a surprising outcome, but…
Think Hoarding Passwords Keeps You Safe From Firing? Think Again (Forbes Cross-Post)
Most employees think they are indispensable to their employers, but in fact, most employees are easily replaced. A recent legal ruling involved an IT manager who sought job security by holding “the keys to the kingdom”–the passwords to the company’s…
Sexting a Minor Isn’t a Crime in Texas
Ex Parte John Christopher Lo, No. PD-1560-12 (Oct. 30, 2013) The highest criminal court in Texas struck down a portion of a Texas statute prohibiting “communicating in a sexually explicit manner” with a minor with the intent to arouse. (Section…
Google Wins Cookie Privacy Lawsuit
In re Google Inc. Cookie Placement Consumer Privacy Litigation, MDL Civ No. 12-2358 (D. Del. Oct. 9, 2013) [pdf] The factual background in the court’s order is fairly brief. In a nutshell, plaintiffs sued Google, along with advertisers and networks,…
Landlord May Be Liable When A Tenant’s Facebook Harassment Leads To A Rape (Forbes Cross-Post)
Lindsay P. v. Towne Property Asset Management, 2013-Ohio-4124 (Ohio Ct. App. Sept. 23, 2013). If you’re a landlord, what should you do if you learn that a resident is harassing another tenant on Facebook or other social media websites? If…
Police Officer’s Facebook Venting Isn’t Protected By The First Amendment–Gresham v. Atlanta
Gresham v. City of Atlanta, 2013 U.S. App. LEXIS 20961 (11th Cir. Oct. 17, 2013). [Post by Venkat Balasubramani] Gresham was a law enforcement officer. She complained on Facebook about the alleged unethical interference by a department investigator in an…
How California’s New ‘Do-Not-Track’ Law Will Hurt Consumers (Forbes Cross-Post)
California enacted a new law (AB 370) requiring many websites to disclose more information about how they track users. Websites that collect personal information about their users must disclose (1) how they respond to a web browser’s “do not track”…
California’s Latest Effort To Keep Some Ads From Reaching Kids Is Misguided And Unconstitutional (Forbes Cross-Post)
California recently enacted SB 568 (Business & Professions Code 22580) to prevent certain types of online advertising from being shown to kids. Like so many other state efforts to regulate the Internet, the new law takes an understandable regulatory objective…
California’s New ‘Online Eraser’ Law Should Be Erased (Forbes Cross-Post)
By Eric Goldman People mocked Google CEO Eric Schmidt for his 2010 suggestion that teenagers should change their names when they turn 18 to avoid the indiscreet and ill-advised Internet posts they made as youths. The California legislature thought it…