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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
Under Arkansas law, insurance law writing requirement satisfied by online transaction
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
A requirement in the Arkansas law that a rejection of medical benefits in an automobile insurance policy be in writing is satisfied by an electronic form completed online, the Arkansas Supreme 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
No CDA 230 protection for online booksellers for internet sale of book
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled
Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement
- Proskauer Rose LLP
- -
- USA
- -
- May 5 2011
Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner
FTC finalizes settlement with Twitter for failure to safeguard consumer personal information
- Proskauer Rose LLP
- -
- USA
- -
- 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
Google Books settlement would usurp congressional role in revising copyright law
- Proskauer Rose LLP
- -
- USA
- -
- 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
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
In keyword advertising dispute, Ninth Circuit says trademark infringement requires more than initial interest confusion
- Proskauer Rose LLP
- -
- USA
- -
- 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
FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations
- Proskauer Rose LLP
- -
- European Union, USA
- -
- 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
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- Workarea - Internet
- Author - Jeff Neuburger
- Author - Robert E Freeman