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

Proskauer Rose LLP
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USA
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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

FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations

Proskauer Rose LLP
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European Union, USA
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May 5 2011

The Federal Trade Commission settled deceptive practices charges against Google relating to the rollout of the Google Buzz social network in 2010, including charges that Google violated the substantive requirements of the EU-U.S. Safe Harbor agreement

FTC finalizes settlement with Twitter for failure to safeguard consumer personal information

Proskauer Rose LLP
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USA
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May 5 2011

The charges arose out of lapses in the security of the social networking site's administrative accounts, which enabled hackers to gain access to both administrative and customer accounts

Virginia privacy law unconstitutional as applied to advocate's online posting of SSNs

Proskauer Rose LLP
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USA
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September 30 2010

A Virginia statute prohibiting the public disclosure of Social Security Numbers is unconstitutional as applied to a privacy advocate who posted publicly available land records containing unredacted Social Security Numbers as part of a privacy lobbying effort, the U.S. Court of Appeals for the Fourth Circuit ruled

Bankruptcy court approves destruction of personal information gathered on gay teen site

Proskauer Rose LLP
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USA
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September 30 2010

The judge presiding over the bankruptcy proceeding of the operator of a Web site and magazine aimed at gay teens has approved a settlement allowing the destruction of personal information of users rather than a sale to creditors as part of the bankruptcy estate

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

Proskauer Rose LLP
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USA
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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

New York attorneys may access public social networking profiles for litigation purposes

Proskauer Rose LLP
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USA
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January 11 2011

Attorneys may access publicly available profile pages on social networking sites in order to obtain evidence and impeachment material for use in litigation, the New York State Bar Association Committee on Professional Ethics opined

Prohibition against web site scraping unenforceable, where terms of use were not readily accessible

Proskauer Rose LLP
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USA
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January 11 2011

A Web site operator could not enforce limitations on access set forth in its Terms of Use, where the ToU were not displayed on the site in a way in which a reasonable user could be expected to notice them, a district court ruled

Massachusetts statute prohibiting distribution of electronic material deemed harmful to minors likely violates First Amendment

Proskauer Rose LLP
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USA
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January 11 2011

A Massachusetts statute prohibiting the distribution by electronic means of material deemed "harmful to minors" likely violates the First Amendment and therefore its enforcement should be preliminarily enjoined, a district court ruled

American Bar Association Ethics Committee advises on attorney web sites

Proskauer Rose LLP
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USA
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January 11 2011

The American Bar Association Standing Committee on Ethics and Professional Responsibility issued an opinion advising on various ethical issues that may arise with respect to attorney Web sites