Congress Is Lovin’ the Internet…to Death?
By Eric Goldman Congress has an unresolved love-hate attitude towards the Internet. Through the 1990s, Congress frequently said that the Internet should be left alone from a regulatory standpoint. Indeed, in some cases, Congress affirmatively deregulated the Internet; 47 USC…
NCSoft Sued in South Korea for ID Theft
By Eric Goldman NCSoft has been sued in South Korea for allowing users to improperly register Lineage/Lineage 2 accounts in other people’s official Korean ID number (I’m inferring this is similar to a social security number). More than 3,500 people…
Your License, Registration and DNA, Please?
Congress Passes, President Signs, Press ignores…
As broader nationwide DNA database becomes law, states rush to fill database with expanded collection laws of their own.
DOJ Fishes for Search Records, and Google Fights Back–Gonzales v. Google
By Eric Goldman Gonzales v. Google, Inc., No. 5:06-mc-80006-JW (N.D. Cal. motion to compel filed Jan. 18, 2006) This event is a collateral consequence of Congress’ obsessive and relentless campaign against Internet pornography. In Summer 2004, the US Supreme Court…
Anti-Marketing Laws and the Commercial Speech Doctrine
By Eric Goldman Prompted by the Supreme Court’s denial of cert in the White Buffalo case, Chris Hoofnagle of EPIC posted a nice rundown of some recent cases where anti-marketing laws survived a First Amendment challenge. He calls the 1999…
When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue
By Eric Goldman In re JetBlue Airways Corp. Privacy Litigation, 79 F. Supp. 2d 299 (E.D.N.Y. August 1, 2005) I’m late blogging this case, but the case is remarkable enough to warrant some comments even at this late date. As…
Report Challenges Value of Notifying Consumers of Data Security Breaches
By Eric Goldman ID Analytics has released a report trying to quantify the harms caused by data security breaches. The report sensibly distinguishes between different types of breaches–misappropriation of name and social security numbers are different, and in some ways…
California Anti-Phishing Law–Cal. B&P Code Sec. 22948
By Eric Goldman Going through my stack, I came across Cal. Business & Professions Code Sec. 22948-22948.3 (SB 355), California’s recently enacted anti-phishing law. In general, compared to other state anti-Internet behavior laws, this law is relatively targeted and unobjectionable….
Law Enforcement Collection of DNA
Recent legislative activity in the US Senate has brought some press attention to the touchy issue of DNA collection by law enforcement. Similar proposed and passed DNA legislation at the state and federal levels over the last several years has also drawn court challenges. As a result, a fair number of court opinions on the suject exist, enough to allow a quick look at the legal countours and legislative status of DNA collection laws.
Anti-Phishing Warning Protected by 47 USC 230
By Eric Goldman Associated Bank Corp. v. EarthLink, Inc., No. 05-C-0233-S (W.D. Wis. Sept. 13, 2005). [BNA subscription required] EarthLink’s “ScamBlocker” incorrectly identified Associated Bank’s website as a phishing site, so users trying to access the website saw a huge…