UK’s New Defamation Law May Accelerate the Death of Anonymous User-Generated Content Internationally (Forbes Cross-Post)
By Eric Goldman Historically, United Kingdom defamation law has been victim-favorable. In an effort to modernize its defamation law, the UK Parliament recently enacted the Defamation Act 2013 (royal assent was given on April 25). The act generally makes it harder for…
Yahoo’s User Agreement Fails in Battle Over Dead User’s Email Account–Ajemian v. Yahoo
[Post by Venkat Balasubramani] Ajemian v. Yahoo!, 12-P-178 (Mass. Ct. App. May 7, 2013) This is a very interesting dispute that raises the question of ownership over digital assets after a person’s death. Plaintiffs, John Ajemian’s (the decedent’s) executors and…
Recap of Washington State’s Employer Social Media Password Bill
[Post by Venkat Balasubramani] SB 5211 (passed by Senate April 27, 2013) Both chambers of the Washington legislature passed Substitute Senate Bill 5211, and it now awaits the Governor’s signature. No Washington legislators voted against it. Here are the key…
Nosal Convicted of Computer Fraud and Abuse Act Crime Despite His Ninth Circuit Win – US v. Nosal
[Post by Venkat Balasubramani, with a comment from Eric] US v. Nosal, CR 08-0237 EMC (N.D. Cal. Mar. 12, 2013) (.pdf, denying motion to dismiss) US v. Nosal, a case that spawned two Ninth Circuit opinions and that’s sure to…
Misguided Catfishing Scheme Leads to Discipline of College Students — Zimmerman v. Ball State
[Post by Venkat Balasubramani with a comment from Eric] Zimmerman v. Ball State Univ., et al., 12-cv-01475-JMS-DML (S.D. Ind. Apr. 15, 2013). (The complaint.) Zimmerman and Sumwalt were students at Ball State University, a public university in Indiana. They apparently…
Cynthia Moreno Guest Lecture to My Internet Law Course
By Eric Goldman Internet Law is blessed with some fantastic teaching cases, including the modern classic, Moreno v. Hanford Sentinel. Read the Ode to Coalinga that started it all. Cynthia works in Sacramento–about 2 hours from SCU–so in November 2012…
No Claim Based on Perez Hilton’s Publication of Unsolicited but Inflammatory Reader Email – Wargo v. Lavandeira
[Post by Venkat Balasubramani] Wargo v. Lavandeira, JAMS Arbitration No. 1220041183 (Mar. 24, 2013) Lavandeira runs the popular Perez Hilton website, which has been involved in its fair share of legal disputes. In response to an item (presumably about Angelina…
Privacy on Trial: Reflections on Hoang v. IMDb
[Post by Venkat Balasubramani] Hoang v. IMDb.com, C11-1709MJP (W.D. Wash. Mar. 18, 2013) [Added: the jury ruled against Hoang and in favor of IMDb.] At Eriq Gardner’s suggestion, I attended the trial in Hoang v. IMDb and reported on the…
Accessing Ex-girlfriend’s MySpace Account and Posting Offensive Content Results in Conviction
[Post by Venkat Balasubramani] State v Kucharski, 2013 Il App (2d) 120270 (Mar. 29, 2013): Steven and the victim were in a relationship. Because the victim was “kind of computer illiterate,” Steven set up a MySpace account for her. After…
Judge Boots Privacy Lawsuit Against Pandora but Plaintiffs Can Replead – Yunker v. Pandora
[Post by Venkat Balasubramani] Yunker v Pandora Media, Inc., 2013 US Dist LEXIS 42691 (N.D. Cal. Mar. 26, 2013) Pandora has been sued before for allegedly revealing listening preferences, but this is a more run-of-the-mill privacy lawsuit against Pandora. Pandora…