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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
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
No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information
Prohibition against web site scraping unenforceable, where terms of use were not readily accessible
- Proskauer Rose LLP
- -
- USA
- -
- 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
No Fourth Amendment violation in ISP scanning of user e-mail, and reporting of suspected child pornography in compliance with law
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
An Internet service provider that scanned user e-mail in order to screen out images containing child pornography, and reported suspected images in compliance with federal law, was not acting as an agent of law enforcement for Fourth Amendment purposes, the U.S. Court of Appeals for the Fourth Circuit ruled
Assent to newspaper’s online privacy policy did not constitute waiver of right to anonymous speech
- Proskauer Rose LLP
- -
- USA
- -
- April 14 2010
An anonymous commenter's assent to a newspaper's online privacy policy did not constitute a waiver of the commenter's right to anonymous speech, a district court 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
Online provider's selective deletion and retention of third-party business reviews protected by CDA Section 230
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
An online business review site is not liable for alleged defamatory comments posted by a third party user of the site, a New York trial court ruled
Internet subscriber lacks privacy interest in isp account information sought by plaintiff in copyright infringement action
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
An Internet service subscriber lacks a privacy interest in account information sought in a subpoena served upon the subscriber's Internet service provider, a district court ruled
Web site that created and delivered unverified checks at direction of users violated FTC act
- Proskauer Rose LLP
- -
- USA
- -
- July 29 2010
A company that operated a Web site that created and delivered unverified checks at the direction of users violated the unfair practices provisions of the Federal Trade Commission Act, the U.S. Court of Appeals for the Ninth Circuit ruled
Current Search
- Workarea - Internet
- Workarea - Litigation
- Workarea - Information Technology
- Author - Daryn A Grossman
- Author - Robert E Freeman
- Author - Jeff Neuburger