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Results: 1-10 of 112

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals court ruled

Online clickwrap agreement unenforceable where customer warned company that non-executives had no contractual authority

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A forum selection clause in an online clickwrap agreement is not enforceable against a customer that warned the Web site owner that it would not assent to such agreements, and that the customer's employees who accessed the site were not authorized to enter agreements on the customer's behalf, a district court ruled

Early termination fee in contract for internet access not an invalid liquidated damages clause under California law

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled

Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Advertiser protection under CDA Section 230 for user-generated online contest submissions held an issue for jury

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

Material issues of fact concerning an advertiser's role in the creation of user-generated videos submitted in an online contest preclude a grant of summary judgment on the issuer's defense under Section 230 of the Communications Decency Act, a district court ruled

Adverse effect for CAN-SPAM standing shown by cost of processing spam e-mails

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An ISP that had less than 1,000 customers for its Internet access and e-mail services established standing under the federal CAN-SPAM Act with evidence that it received 200,000 spam e-mails a day, that it spent $3,000 a month in fees to process the e-mails, and that it experienced occasional network slowdowns as a result of spam traffic, a district court ruled

Domain names subject to judgment execution proceedings where registry is located

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A domain name is property of a debtor that is properly subject to judgment execution proceedings in the jurisdiction where the domain name registry is located, the U.S. Court of Appeals for the Ninth Circuit ruled

FINRA alerts investors to bitcoin risks

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 14 2014

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to