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Results: 1-10 of 159

Cost of examining third-party computers to locate and delete misappropriated files not compensable under CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A plaintiff who claimed that his files were copied without authorization from a purloined "thumb drive" and onto various third-party computers failed to show a compensable loss under the Computer Fraud and Abuse Act because he failed to show that the thumb drive was somehow damaged or impaired by the defendant's act of accessing the drive, a district court ruled


Broad civil discovery order to produce cellphone and computer violated privacy, self-incrimination rights and privileges
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A civil discovery order requiring a party to produce her cellphone and computer for examination by her adversary's attorney was improper because the unlimited breadth of the order failed to protect the party's right of privacy, right against self-incrimination, and various privileges, a Florida appeals court ruled


Allegations of increased exposure to identity theft risk insufficient to maintain negligence, breach of contract claims
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A complaint alleging negligence, breach of contract and other claims stemming from a breach in the security of personal information in the hands of a retailer was legally insufficient because the plaintiff failed to show that the loss of his personal information harmed him in a legally cognizable way, the U.S. Court of Appeals for the Ninth Circuit ruled


Adverse effect for CAN-SPAM standing shown by cost of processing spam e-mails
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An ISP that had less than 1,000 customers for its Internet access and e-mail services established standing under the federal CAN-SPAM Act with evidence that it received 200,000 spam e-mails a day, that it spent $3,000 a month in fees to process the e-mails, and that it experienced occasional network slowdowns as a result of spam traffic, a district court ruled


Third-party civil discovery subpoena to web mail and social networking providers unenforceable under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A third-party civil discovery subpoena issued to providers of Web mail services and social networking services is unenforceable under the Stored Communications Act, a district court ruled


No First Amendment violation in statute restoring copyright rights of foreign authors
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An amendment to the Copyright Act that grants copyright protection to various foreign works that were previously in the public domain in the United States is not violative of the First Amendment, the U.S. Court of Appeals for the Tenth Circuit ruled


Supreme Court clarifies test for patent-eligible processes
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An application designed to hedge risk in the field of commodities trading is ineligible for patent protection because it is an unpatentable abstract idea, the U.S. Supreme Court ruled


No violation of California anti-spam law in transmission of commercial e-mail from multiple domains to bypass spam filters
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A marketer did not violate California anti-spam laws when it sent e-mails from multiple domains in order to bypass spam filters, the California Supreme Court ruled


Damage, impairment or interruption of service required to show compensable loss under CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A compensable "loss" under the Computer Fraud and Abuse Act is not established by an allegation that a company spent in excess of $5,000 to investigate unauthorized access to its computerized data, where the company failed to show any underlying damage, impairment or interruption of service to a computer or a computer system, a district court held


Clickwrap user agreement bars claims against web site operator over fraudulent ticket sales
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A clickwrap user agreement applicable to an online ticket exchange that contained broad disclaimers of liability, including disclaimers of express and implied warranties, bars claims by users of the site based upon their purchase of fraudulent ticket purchase options, a district court ruled