Illinois Identity Theft Statute Partially Invalidated–People v. Madrigal
By Eric Goldman People v. Madrigal, 2011 WL 1074427 (Ill. March 24, 2011) Many state anti-identity theft laws are written very broadly. This loose drafting creates the possibility that they unintentionally restrict innocent–and indeed socially desirable–activity. Today’s case is a…
Court Refuses to Set Aside Order Requiring Disclosure of Twitter Users’ IP Addresses
[Post by Venkat Balasubramani with some comments by Eric] In re: sec. 2703(d) Order; 10GJ3793; Miscellaneous Case No. 1:11dm00003 (E.D. Va. March 11, 2011) [pdf] A federal magistrate judge refused to vacate a previously issued order granting the government’s request…
Jan.-Feb. 2011 Quick Links, Part 2
By Eric Goldman Search Engines Google’s search algorithm has been very much in the news the past 2 months! * Google’s announcements: – “Google search and search engine spam” – Matt Cutts explains Google penalties in a video. – “Microsoft’s…
California Supreme Court Rules That a ZIP Code is Personal Identification Information — Pineda v. Williams-Sonoma
[Post by Venkat Balasubramani] Pineda v. Williams-Sonoma, S178241 (Cal. Supreme Court; Feb. 10, 2011) Plaintiff made a purchase at Williams-Sonoma and when she went to pay, the cashier asked for plaintiff’s ZIP code. Thinking she was required to provide it…
Court Dismisses Class Action Against Spokeo for Lack of Standing — Robins v. Spokeo
[Post by Venkat Balasubramani] Robins v. Spokeo, 10-cv-05306 (C.D. Cal. Jan. 27, 2011) Spokeo is a website that bills itself as an aggregator of hard-to-find information about people. Robins filed a complaint against Spokeo for violation of the Fair Credit…
Court: Husband’s Access of Wife’s Email to Obtain Information for Divorce Proceeding is not Outrageous
[Post by Venkat Balasubramani] Miller v. Meyers, 09-cv-6103 (W.D. Ark.; Jan 21, 2011) This case presents another fact pattern involving an increasingly common twist to the modern divorce proceeding – someone surreptitiously accesses his or her spouse’s email and on-line…
Nursing School Can’t Expel Students for Posting Photo to Facebook–Byrnes v. Johnson County CC
By Eric Goldman Byrnes v. Johnson County Community College, 2011 WL 166715 (D. Kan. Jan. 19, 2011). The complaint. You’ve probably already heard about this case. Four nursing students posted photos of a patient’s placenta to Facebook, and the school…
Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom
By Eric Goldman Elsevier Ltd v. Whois Privacy Protection Service, Inc., 1:11-cv-10026-RGS (D. Mass. injunction dated Jan. 14, 2011). See the TRO from Jan. 6 and the complaint. On the surface, this seems like a run-of-the-mill copyright enforcement. The plaintiffs…
Ex-Employees Awarded $4,000 for Email Snooping by Employer — Pure Power Boot Camp v. Warrior Fitness Boot Camp
[Post by Venkat Balasubramani] Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLC, 08-civ-4810 (S.D.N.Y.; Dec. 22, 2010) Email snooping and computer fraud statutes (Stored Communications Act; Computer Fraud and Abuse Act) are starting to play a starring…
Court Approves TD Ameritrade Data Breach Settlement — In re TD Ameritrade
[Post by Venkat Balasubramani] In re TD Ameritrade Accountholder Litigation, 07-2852 (N.D. Cal.; Dec. 20, 2010) (Order granting preliminary approval of settlement) A class action lawsuit arising out of a TD Ameritrade data breach looks like it’s winding its way…