First Circuit Rejects Data Insecurity Claims on the Basis of Article III Standing–Katz v Pershing

[Post by Venkat Balasubramani] Katz v. Pershing, 11-1983 (1st Cir.; Feb. 28, 2012) [This is an old catch up post that fell by the wayside.] Pershing provides services to brokerage firms, and it makes available a platform (NetExchange Pro) for…

Granick on CISPA’s Deficiencies (With Some of My Own Comments)

By guest-blogger Jennifer Granick (with comments from Eric) [Eric’s introduction: Some guest visitors to the blog need no introduction, and that surely describes Jennifer Granick (her Wikipedia page). She’s cast huge shadows over cyberlaw in her various stints, including being…

New York Judge *Slams* Bittorrent Copyright Plaintiffs – K-Beech; Malibu Media; and Patrick Collins v. Does

[Post by Venkat Balasubramani] K-Beech, Inc. v. Does 1-37, CV 11-3995 (E.D.N.Y.) Malibu Media, LLC v. Does 1-26, CV 11-1147 (E.D.N.Y.) Malibu Media, LLC v. Does 1-11, CV 11-1150 (E.D.N.Y.) Patrick Collins, Inc. v. Does 1-9, CV 11-1154 (E.D.N.Y.) Order…

An Unmasking Effort Gets Gutted Some More – Art of Living Foundation v. Does

[Post by Venkat Balasubramani] Art of Living Foundation v. Does, 10-cv-05022-LHK (N.D. Cal.; May 1, 2012) I posted earlier about the Art of Living Foundation’s (AOLF) efforts to unmask online critics (posting psueudonymously as ‘Skywalker’ and ‘Klim’). In early rulings,…

Comments on the Ninth Circuit’s En Banc Ruling in U.S. v. Nosal

[Post by Venkat Balasubramani, with comments from Eric] US v. Nosal, 2012 WL 1176119 (9th Cir. Apr. 10, 2012) Nosal was a Korn/Ferry employee who, after his departure, convinced some remaining employees to provide him with confidential information to help…

New Essay: The Irony of Privacy Class Action Lawsuits

By Eric Goldman I’ve posted a new essay to SSRN titled The Irony of Privacy Class Action Lawsuits. It should be published later this year in the Journal of Telecommunications and High Technology Law at University of Colorado. The essay…

Court Orders Disclosure of Psychic Chat Records in Retaliation Case – Glazer v. Fireman’s Fund

[Post by Venkat Balasubramani] Glazer v. Fireman’s Fund Ins. Co., 11 Civ. 4374 (PGG) (FM) (S.D.N.Y.; Apr. 4, 2012). The complaint. Glazer (her LinkedIn page) sued Fireman’s Fund Insurance, alleging that Fireman’s Fund retaliated against her because she complained about…

Actress Suing IMDB Can Assert Claim Based on Privacy Policy – Hoang v. Amazon.com, Inc.

[Post by Venkat Balasubramani] Hoang v. Amazon.com, Inc. & IMDB.com, Inc., C11-1709MJP (W.D. Wash.; Mar. 30, 2012) Hoang sued IMDB, alleging that IMDB took information she provided when she paid for her subscription and used this information to derive her…

Data Security Breach Settlement Class of 130M Individuals Has 11 Claimants (at a Cost of $160k Per)–In re Heartland Payment Systems

By Eric Goldman In re Heartland Payment Systems, Inc. Customer Data Security Breach Litigation, 2012 WL 948365 (S.D. Tex. March 20, 2012). The settlement website. [Note: I know that many big-scale class action lawsuits have similarly mockable numbers. But I…

Lawsuit Against Google for Putting Search Queries in Referral URLs Moves Forward – Gaos v. Google

By Venkat Balasubramani with comments from Eric Gaos v. Google, 5:10-CV 4809 (N.D. Cal.; Mar. 29, 2012) Gaos sued Google based on the theory that: (1) Google allows website owners (and third parties) to see what search terms a user…