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U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act

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

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act

No CFAA violation where software licensor with administrative password gave server access to licensor's competitor

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

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled

Oracle v. Google judge writes the book on software programming copyright for now, anyway

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • June 6 2012

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has issued

Ninth Circuit panel says employee violation of employer computer use policy can support CFAA criminal charge

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 29 2011

A panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that 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

Register of copyrights says "who knows?" on ownership of computer program copies

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • August 5 2010

Who owns the firmware on a smartphone, the device manufacturer or the purchaser?

Use of e-mail client rule to acquire copies of e-mail messages violates Wiretap Act

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

An employee who accessed the rule function on his supervisor's e-mail account in order to have copies of the supervisor's e-mail messages forwarded to him violated the provisions of the Wiretap Act that prohibit intentional interception of an electronic communication, the U.S. Court of Appeals for the Seventh Circuit ruled

No Fourth Amendment violation in transfer of laptop seized at border for forensic examination

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

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled

E-mails sent to transferred domain name and read by new domain owner not intercepted under ECPA

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

E-mails that were sent to e-mail accounts connected to a domain name that was transferred pursuant to a settlement agreement, and that were read by the new domain name owner, were not "intercepted" within the meaning of the Electronic Communications Privacy Act, a district court ruled

Forwarding of allegedly defamatory e-mail protected by Communications Decency Act section 230

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

An individual who forwarded an allegedly defamatory e-mail received from another party is protected from liability under Section 230 of the Communications Decency Act, which provides that a user of an interactive computer service cannot be treated as the publisher or speaker of information provided by another information content provider, a district court ruled

Law enforcement may obtain historical cell site data without warrant

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

Law enforcement officials are not ordinarily required under the Stored Communications Act, 18 U.S.C. 2701 et seq., to obtain a warrant in order to obtain historical cell site data of an individual from a wireless telecommunications provider, the U.S. Court of Appeals for the Third Circuit ruled