NY Enforcement Actions for Reselling Emails in Breach of Privacy Policy
By Eric Goldman Gratis Internet runs several websites that promise free stuff (like free iPods) in exchange for consumers signing up for subscription trials. The trials are initially free but then convert to paid subscriptions. The idea is that many…
FTC Extends COPPA Without Changes…and New FTC RSS Feeds
By Eric Goldman The FTC has extended the COPPA rule unchanged. Most significantly, the rule continues to preclude non-authenticated email as a way of obtaining parental consent. I don’t spend a lot of time thinking about COPPA much any more….
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….