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Cost of credit monitoring for victims of data security breach constitutes loss under CFAA

Proskauer Rose LLP
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USA
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May 5 2011

The cost of providing credit monitoring for employees whose personal information was accessed as a result of unauthorized access by an inmate to a prison computer network constitutes a "loss" under the Computer Fraud and Abuse Act, the United States Court of Appeals for the First Circuit ruled

Google Books settlement would usurp congressional role in revising copyright law

Proskauer Rose LLP
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USA
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May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement

Decreased value of consumer personal information resulting from security breach confers standing in personal injury suit

Proskauer Rose LLP
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USA
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May 5 2011

A plaintiff whose personal data was contained in a social network service online database copied by a hacker sufficiently alleged an injury-in-fact to support Article III standing, on the theory that the value of his personal information was diminished as a result of the breach, a district court ruled

Cable operator ordered to disclose subscriber information for 1,200 accounts

Proskauer Rose LLP
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USA
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May 5 2011

Providing information on over 1,200 subscribers who are alleged to have downloaded and distributed unauthorized copies of a motion picture on a P2P file-sharing network is not an undue burden on an ISP, a district court ruled, also rejecting arguments that the order infringed the subscribers' right to anonymous communication

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

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

In keyword advertising dispute, Ninth Circuit says trademark infringement requires more than initial interest confusion

Proskauer Rose LLP
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USA
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May 5 2011

Courts must be flexible in applying the law in the Internet context, the U.S. Court of Appeals for the Ninth Circuit emphasized in a dispute involving the use of trademark terms in keyword advertising

CDA 230 protects blog owner from liability for third-party comment

Proskauer Rose LLP
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USA
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May 5 2011

The court ruled the owner of a blog is not liable for an alleged defamatory comment even if the owner viewed and approved the comment prior to publication on the blog

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

Posting entire news article on nonprofit organization's blog constitutes fair use

Proskauer Rose LLP
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USA
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May 5 2011

The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled

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