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Under Arkansas law, insurance law writing requirement satisfied by online transaction

Proskauer Rose LLP
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USA
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May 5 2011

A requirement in the Arkansas law that a rejection of medical benefits in an automobile insurance policy be in writing is satisfied by an electronic form completed online, the Arkansas Supreme Court ruled

Federal CAN-SPAM Act preempts claim under Illinois anti-spam law that e-mail utilizing tracking technology was misleading

Proskauer Rose LLP
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USA
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May 5 2011

A claim under the Illinois anti-spam law that the heading on a promotional e-mail was misleading because it failed to warn the recipient that the e-mail sender utilized tracking technology is preempted by the federal CAN-SPAM Act, a district court ruled

Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system

Proskauer Rose LLP
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USA
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May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content

CAN-SPAM Act may be applicable to Facebook messages

Proskauer Rose LLP
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USA
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May 5 2011

The CAN-SPAM Act may apply to communications intended to drive users of the Facebook social network to "pages" that redirect the users to an advertiser's external Web site and also encourage them to send additional messages to other users, a district court ruled

No CDA 230 protection for online booksellers for internet sale of book

Proskauer Rose LLP
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USA
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May 5 2011

While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled

CDA Section 230 protects online business review site from liability for refusing to remove negative reviews

Proskauer Rose LLP
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USA
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May 5 2011

Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, a district court ruled

No implied consent under SCA to discovery of e-mails arises from e-mail account holder's fugitive status

Proskauer Rose LLP
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USA
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May 5 2011

A parent who is alleged to have unlawfully taken her children to a foreign county did not thereby consent, within the meaning of the Stored Communications Act, to the disclosure of her e-mails pursuant to a civil discovery subpoena directed to her ISP, the district court ruled

Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement

Proskauer Rose LLP
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USA
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May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner

Employee violation of employer computer use policy can support CFAA criminal charge

Proskauer Rose LLP
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USA
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May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled

Wiretapping in child custody dispute results in civil damage award under federal Wiretap Act

Proskauer Rose LLP
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USA
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May 5 2011

A spouse involved in a child custody dispute and her parents were assessed civil damages under the federal Wiretap Act in connection with the recording of conversations via a device hidden in a child's toy

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