California’s New ‘Online Eraser’ Law Should Be Erased (Forbes Cross-Post)

…user might self-report his/her age to customer service representatives, or one user might reveal that another user is under-age. What then? Apparently, the legal obligation will spring into effect in…

Wiretap Claims Against Gmail Scanning Survive Motion to Dismiss — In re: Google Inc. Gmail Litigation

…this exception. A separate exception limited “random monitoring” to mechanical or quality control checks. Similarly, a Senate report regarding ECPA noted that a provider may have to monitor a stream…

Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v. CH

[Post by Venkat Balasubramani] Matot v. CH, et al, 13-cv-153-TC (D.Or.) (Report and Recommendation, Aug. 19, 2013) (Order Dismissing Lawsuit, Sept. 26, 2013) This is a strange lawsuit brought by…

Court Upholds Doocing For Snarky Facebook Post — Rodriquez v. Wal-Mart

[Post by Venkat Balasubramani] Rodriquez v. Wal-Mart, 2013 U.S. App. 19345 (5th Cir. Sept. 19, 2013)…

Gossip Site That Uses Misidentified Photo May Be Liable for Publicity Rights Violation — Edme v. Internet Brands

…clearly newsworthy. Media Takeout is not so lucky. It also tried to argue the newsworthiness exception, but the court says that Media Takeout did not exactly report on an item…

When Should Search Engines Ignore Court Orders To Remove Search Results? (Forbes Cross-Post)

Ripoff Report website). The court expressly recognized that victims may lack any legal tool to forcibly remove defamatory content from the Internet. Despite this, it may be possible to remove…

2013 Internet Law Syllabus and Casebook Now Online

…Section 230. I added my expert report on Section 230. Social Media. I added my blog post on social media password laws and links to the materials I generated from…

The Latest Attempt to Use Copyright Law to Remove Negative Consumer Reviews–Small Justice v. Xcentric (Forbes Cross-Post)

…he sent Ripoff Report takedown notices. When Ripoff Report refused, hesued them for copyright infringement. Unfortunately for Goren, this effort to bypass Section 230 doesn’t work. Here’s why: 1) I…

Recap of Stanford E-Commerce Conference Panel on Takedown Notices

…LinkedIn.] David Gingras, Ripoff Report (ROR). He has represented Ripoff Report since 2005 and litigated more CDA cases than just about anyone. [He also represents Nik Richie and thedirty.com. FWIW,…

Employee Can’t Be Fired When His Login Credentials Are Used on Shared Computer to Access Porn — DOH v. Litten

…offenses allegedly occurred. (The court footnotes to the State’s policy, noting that employees have “no reasonable expectation of privacy” while using state-provided computers.) Relying on the report, which contained search…