More Proof That Facebook Isn't The Right Place To Bitch About Your Job--Talbot v. Desert View

Joseph Talbot was a nurse at Desert View Care Center. Talbot posted to Facebook: Ever have one of those days where you’d like to slap the ever loving bat snot out of a patient who is just being a jerk…

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

This is a lawsuit alleging that LinkedIn improperly mined users’ contact lists and sent them repeated invitation emails. While Judge Koh eliminated the Stored Communications Act and California anti-hacking statute claims, a chunk of the lawsuit remains. Harvesting contact lists…

EFF Pub Trivia Night Recap

Last Thursday, I participated in the 7th Annual EFF Pub Trivia Night at Bluxome Street Winery in SOMA. My photo album. The EFF’s Kurt Opsahl was our Master of Ceremonies (in a smoking jacket, no less) and main question-writer. Several…

Facebook Gets Easy Section 230 Win in DC Circuit--Klayman v. Facebook

A Facebook user posted an anti-Semitic page entitled “Third Palestinian Intifada.” Many people objected to the page, but Facebook allegedly dragged its feet before eventually removing the page. For reasons I’ve never fully understood, Klayman (a lawyer, naturally) felt wronged…

Plastic Surgeon's "Before & After" Photos Violate NY Publicity Rights--Manzione v. Mashkevich

Dr. Grigoriy Mashkevich performed rhinoplasty on Catherine Manzione and took before-and-after photos of Manzione. Confusingly, Manzione apparently signed two seemingly inconsistent form consent agreements regarding the photos. One said: I do not want my photos to be used. I understand…

Texas Appellate Court Erases Court Order To Erase Google Search Results

The Texas Commission for Lawyer Discipline initiated a proceeding against lawyer Calvin Jackson of League City, Texas, but the commission later changed its mind and dropped the suit. Jackson then asked to expunge the action (what the court calls “expunction,”…

Revenge Porn/Cyberstalking Conviction Doesn't Violate First Amendment--US v. Osinger

V.B. and Osinger had a relationship. When it terminated, he continued to contact her in a variety of ways (email, text, etc.). They originally lived in Illinois, but V.B. moved to California, where she accepted a job. Before she moved,…

Path May Be Liable for Text-Spamming Users' Contact Lists

Sterk, of Sterk v. Redbox fame, sued Path, alleging that he received unsolicited marketing texts from Path. The court declined Path’s request to stay the case in favor of FCC proceedings, and the parties filed summary judgment motions on the…

Police Officers Aren't Liable For Investigating Cyberstalking and Revenge Porn--Keaton v. Hannum

Keaton is an Indiana lawyer who was charged with stalking and otherwise harassing his ex-girlfriend, Zook (then a law student). When she broke it off, Keaton continued to contact her. When she changed her phone number, he engaged a private…

CAN-SPAM Preemption Doesn't Apply To Fraud...And More

This a spam case. Plaintiff sued, alleging violations of California’s spam statute with respect to 49 emails. Plaintiff alleged that defendants: register[ed] its domain names used to send spams to unregistered fictitious business names claiming their addresses to be boxes…