By Eric Goldman Shiamili v. Real Estate Group of New York, Inc., 2009 WL 4842470 (N.Y. App. Div. Dec. 17, 2009) Unfortunately, I am only working from a short and opaque appellate memo. It appears that the defendant operated a…
By John E. Ottaviani (Thanks to Eric for letting me post this list here!) [Eric’s note: some of you may recall John, a regular blog guest contributor from 2005-07. It’s great to have another contribution from him.] Eric will post…
[Post by Venkat] Abbas v. Selling Source, LLC, Case no. 09 CV 3413 (N.D. Ill.; Dec. 14, 2009). I didn’t think there was much dispute as to whether SMS spam falls under the Telephone Consumer Protection Act, but Judge Gottschall’s…
By Eric Goldman Barnes v. Yahoo!, Inc., 2009 WL 4823840 (D. Or. Dec. 11, 2009) You recall Barnes v. Yahoo, the case where Yahoo promised to promptly take down a fake profile created by a third party but didn’t do…
The Supreme Court agrees to review one of the very few Circuit Court opinions finding 4th Amendment protection for in-box content. Should netizens tremble or rejoice? By Ethan Ackerman The Supreme Court has agreed to hear an appeal by a…
[Post by Venkat] Sedersten v. Taylor, 2009 U.S. Dist LEXIS 114525 (Case No. 09-3031-CV-S-GAF) (W.D. Mo. Dec. 9. 2009). A Missouri district judge rejected a plaintiff’s attempt to unmask an online commenter based in part on the argument that language…
By Eric Goldman Third Education Group, Inc. v. Phelps, 675 F. Supp. 2d 916 (E.D. Wis. Nov. 25, 2009). Motion to amend denied January 19, 2010. [UPDATE: In the initial version of this post, Richard Phelps’ story was part of…
[Post by Venkat] Czech v. Wall Street on Demand, Inc., No. 09-180 (DWF/RLE) (Dec. 8, 2009). A Minnesota district judge rejected claims brought under the Computer Fraud and Abuse Act based on the receipt of unsolicited text messages. There’s not…
By Eric Goldman The week before Thanksgiving, I attended an unusual symposium sponsored by the University of Denver Law Review entitled “Cyber Civil Rights: New Challenges for Civil Rights and Civil Liberties in our Networked Age.” The symposium covered standard…
[Post by Venkat] The Florida Judicial Ethics Advisory Committee issued an (advisory) opinion [link] which included the following question and answer: [May] a judge may add lawyers who may appear before the judge as “friends” on a social networking site,…