My Comments to the CPPA Regarding its Initial CPRA Proposed Regulations
…Industry–Brooks v. Thomson Reuters * New Primer on the California Privacy Rights Act (CPRA) * CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud * A Roundup…
The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)
…suit in May 2020 (within nine months of discovery), asserting 340 separate infringements. OK, that’s a clear breach of contract, but how is it copyright infringement? It’s copyright infringement because…
Another Account Suspension Case Yeeted–Rangel v. Dorsey
…entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” Cites to Roommates.com and Barnes v. Yahoo. This covers the breach of contract claim…
Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox
…Court Opinion Sifuentes got a Dropbox account in 2011. The court says Dropbox properly formed the TOS. In 2020, Sifuentes sued Dropbox for a 2012 data breach. (Why so long?…
Quick Links from the Past Year, Part 7 (Section 230)
…conclusory or unsupported by admissible evidence. Ugh. Prior blog post. * Thibodeaux v. Starx Investment Holdings, Inc., 2021 WL 4927417 (Tex. Ct. App. Oct. 22, 2021): the focus of GCC’s…
Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273, The Age-Appropriate Design Code Act)
…Judge in a Data Breach Case–In re Blackbaud * A Roundup of CCPA Court Decisions (I Only Know of 7) * CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart…
“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR
…some legal protections here. Maybe ECPA isn’t the right approach. Perhaps the false pretenses could give rise to claims not alleged in this case? (Breach of contract, perhaps? But that…
Can Facebook Stop Data Snarfers?–Meta v. BrandTotal
…Facebook’s servers. The following Facebook claims are still active: (1) breach of contract, citing the Facebook and Instagram terms of use; (2) unjust enrichment; (3) violation of the Computer Fraud…
Quick Links From the Past Year, Part 1 (CCPA and Privacy)
…Security Breach Litig., 2022 WL 822925 (D. Md. March 18, 2022). Denying discovery into how Marriott computed the value of a consumer’s data under the CCPA. * Gershfeld v. Teamviewer…
Twitter Defeats Another Account Suspension Lawsuit–Al-Ahmed v Twitter
…case unambiguously rejected the breach of contract claims, and this judge emphatically tossed the King v. Facebook lawsuit after they couldn’t marshal better arguments to support their contract breach claim….