4th Circuit Limits the Reach of the Computer Fraud and Abuse Act – WEC Carolina Energy Solutions v. Miller
[Post by Venkat Balasubramani, with comments from Eric] WEC Carolina Energy Solutions LLC v. Miller, et al., 2012 WL 3039213 (4th Cir.; July 26, 2012) We’ve blogged about the Computer Fraud and Abuse Act being stretched by plaintiffs in civil…
Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message Campaign – Thomas v. Taco Bell
[Post by Venkat Balasubramani with comments from Eric] Thomas v. Taco Bell Corp., SACV 09-01097-CJC(ANx) (C.D. Cal.; June 25, 2012) Thomas allegedly received unauthorized text messages as part of an advertising campaign for Taco Bell’s Nachos BellGrande (“[a] large platter…
Ex-Spouse Hit With 20K in Damages for Email Eavesdropping – Klumb v. Goan
[Post by Venkat Balasubramani] Klumb v. Goan, 09-cv-115 (E.D. Tenn.; July 19, 2012) Klumb, described by the court as “a wealthy man,” met and married Crystal Goan, a law student who later became a lawyer. As the court describes it,…
Judge Koh Puts the Kibosh on LinkedIn Referral ID Class Action — Low v. LinkedIn
[Post by Venkat Balasubramani] Low v. LinkedIn, 11-CV-01468-LHK (N.D. Cal.; July 12, 2012) This case involves the fact that LinkedIn put users’ unique identifiers into its URLs, allowing advertisers (and others) to associate that unique identifier with users–and, potentially, access…
Court Dismisses Data Breach Claims Against Countrywide – Holmes v. Countrywide
[Post by Venkat Balasubramani] Holmes v. Countrywide Financial Corp., et al., 08-CV-00205-R (W.D. Ky.; July 12, 2012) In August 2008, a Countrywide employee engaged in a scheme to steal confidential customer information from Countrywide. An investigation found that the employee…
“Cloud Computing: Is Anything Private?” Talk Notes
By Eric Goldman Last month, I spoke at Cal State Northridge to a group of academic computer users (i.e., faculty and staff) on the topic of “Cloud Computing: Is Anything Private?” My talk slides. Check out my “fun” with PowerPoint’s…
Court Orders Production of Five Years’ Worth of Facebook and MySpace Posts – Thompson v. Autoliv
[Post by Venkat Balasubramani] Thompson v. Autoliv ASP, Inc., et al., 09-cv-01375-PMP-VCF (D. Nev.; June 20, 2012) Another discovery dispute over social networking evidence. Thompson was involved in an automobile accident and suffered serious injuries. She asserted that she suffered…
H1 2012 Quick Links, Part 3 (Advertising & Privacy)
By Eric Goldman Advertising * Gomez-Jimenez v. New York Law School: False advertising lawsuit against NYLS dismissed. Rebecca’s coverage. * Marketing Land: Pew Survey: 68% View Targeted Ads Negatively; 59% Have Noticed Targeting. Partially related: Search Engine Land: Pew Report:…
The “I Didn’t Understand Facebook’s Privacy Settings” Argument Isn’t Persuasive to Judges–Sumien v. CareFlite
By Eric Goldman Sumien v. CareFlite, 2012 WL 2579525 (Tex. App. Ct. July 5, 2012). Appellate court docket. Sumien and Roberts were CareFlite EMTs. Roberts posted on a third employee’s Facebook wall how she wanted to slap a patient. Responding…
Men’s Journal Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal
[Post by Venkat Balasubramani with comments from Eric] Boorstein v. Men’s Journal LLC, 12-771 DSF (Ex) (C.D. Cal.; June 14, 2012) California’s Shine the Light (STL) statute is a little unusual in that it mandates that businesses make specific disclosures…