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Results: 11-20 of 58

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

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

Ninth Circuit revises controversial opinion limiting government searches of electronically stored information

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

The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, revised its August 2009 opinion addressing warrant applications by law enforcement officials seeking access to electronically stored information

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • 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

New York attorney ethics opinion OKs online data storage, with reservations

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

New York attorneys may use an online data storage system to store and back up client confidential information, provided that they take reasonable care to ensure that the confidentiality of the information is maintained in a manner consistent with an attorney's obligations under New York Rule of Professional Conduct 1.6, the New York State Bar Association Committee on Professional Ethics opined

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Tort plaintiff lacked reasonable expectation of privacy in social network communications

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

A tort plaintiff lacked a reasonable expectation of privacy in e-mails and other communications shared with third parties on social networking sites, a New York State trial court ruled