Recent Developments Regarding the California Consumer Privacy Act
…Part 2 of Division 7 of the Business and Professions Code). We may have an ambiguity and a timing issue here. Generally, this section is trying to say that the…
The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)
…11. Regardless of its packaging in a different part of the ethics code, this is the exact same issue the BOG addressed and rejected in 2013. And the concerns are…
Announcing the 2018 Edition of My Internet Law Casebook
…Trespass/Computer Fraud & Abuse Act Review: the Computer Fraud & Abuse Act, 18 U.S.C. §1030 [http://www.law.cornell.edu/uscode/text/18/1030], and California Penal Code §502 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=502.&lawCode=PEN] Comparison of Trespass to Chattels Doctrines ……………………………………………………… 101…
Businesses Cannot Contractually Ban “Abusive” Consumer Reviews
…prohibits businesses from contractually restricting their customers’ reviews. It voids any contracts that prohibit such reviews, impose penalties or fees for such reviews, or purport to take the IP rights…
The California Supreme Court Didn’t Ruin Section 230 (Today)–Hassell v. Bird
…other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content.” The…
Uber’s Contract Formation Process Fails (Again)–Cullinane v. Uber
…was used for other parts of the transaction (such as “scan your card” and “enter promo code”) the phrase alerting users that they’re agreeing to the terms is smaller and…
A Privacy Bomb Is About to Be Dropped on the California Economy and the Global Internet
…for a civil penalty as provided in Section 17206 of the Business and Professions Code in a civil action brought in the name of the people of the State of…
Appeals Court Curbs FTC’s Enforcement of Security Standards–LabMD v. FTC
…This folder contained a 1,718 page file with names, dates of birth, social security numbers, lab test codes, and health insurance company information, of LabMD customers. A security remediation firm…
Realistic Docudramas Don’t Violate California Publicity Rights–deHavilland v. FX
…Fourteenth Amendments.” Joseph Burstyn, Inc. v. Wilson, 242 U.S. 495, 502 (1952). The leading docudrama case in California is Guglielmi v. Spelling-Goldberg Productions, 25 Cal. 3d 860, 160 Cal. Rptr….
Displaying Emoji Evidence in Judicial Opinions
…following comment: “Shouldn’t judicial opinions state the Unicode code points for any emoji they display? (Explicitly or by publishing in a file format that retains this information even after glyph…