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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

ECPA not applicable to ISP's alleged disclosure of communications to foreign government

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

The Electronic Communications Privacy Act does not apply to the actions of an ISP that allegedly revealed subscribers' personal information and communications to a foreign government, where the acts of disclosure and interception took place in a foreign country, 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

Credit card services firms with knowledge of sales of infringing merchandise may be liable for trademark infringement

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

Firms that provided credit card processing services to the operator of a Web site on which counterfeit merchandise was sold may be secondarily liable for trademark infringement, a district court ruled

New York Insurance Department opinion controls validity of electronic signature on clickwrap insurance application

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

The New York State Insurance Department may impose a requirement that an insurance company verify the identity of a person providing an electronic signature on an online application for insurance, notwithstanding the less restrictive definition of an electronic signature in the New York Electronic Signatures and Records Act, a district court ruled

Forum selection clause specifying state court venue operated as waiver of federal forum for claims under ECPA

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

A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled

Logo, copyright notice and link on web site constitute copyright management information under DMCA

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A photographer's name, logo and link on a Web site containing copyrighted photographs constitute copyright management information within the scope of the Digital Millennium Copyright Act, 17 U.S.C. 1202, a district court ruled

Web site owner's assertion of CDA Section 230 in response to defamation claim not an extortionate threat

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A Web site operator's assertion of Section 230 of the Communications Decency Act in response to a demand that allegedly defamatory third-party content be removed from its consumer complaint site does not constitute an extortionate threat under California law, a district court ruled

FTC says 10-day limit on online ad company's cookie opt-out is deceptive, requires five-year effectiveness for opt-out

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The Federal Trade Commission settled charges of deceptive practices with an online advertising company that gave consumers the opportunity to opt out of its tracking cookies, but limited the opt-out period to ten days

No dismissal under CDA Section 230 for ISP where good faith is challenged

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

An Internet service provider is not entitled to dismissal of a complaint alleging various theories of liability for blocking e-mails alleged to be spam, where the plaintiff's complaint called into question whether the ISP acted in good faith pursuant to Section 230 (c)(2) of the Communications Decency Act, a district court ruled