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Results: 11-20 of 73

No reasonable expectation of privacy in contents of shared folder accessible via unsecured wireless router
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A defendant had no reasonable expectation of privacy in the contents of a shared folder that was accessible via an unsecured wireless router to which his computer was connected, a district court 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


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


Two circuit courts counter the Ninth Circuit on plain view exception to warrant requirement in computer searches
  • Proskauer Rose LLP
  • USA
  • April 14 2010

In United States v. Comprehensive Drug Testing, Inc. (9th Cir. Aug. 26, 2009), the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, limited the scope of searches for digital evidence by defining a set of procedures to be followed by law enforcement in requesting and executing such searches


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


Under New York law, vendor’s specific representations of software functionality support claim for fraudulent inducement
  • Proskauer Rose LLP
  • USA
  • July 29 2010

Specific representations made by a salesman concerning the functionality of a software system which the purchaser alleges was inadequate for its purposes support the purchaser's claim for fraudulent inducement, a district court ruled


Software user does not acquire knowledge of trade secrets embodied in source code
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A user of software containing source code misappropriated by the software developer from a competitor does not thereby acquire the requisite knowledge of the trade secrets embodied in the source code so as to violate the California Uniform Trade Secrets Act, a California appeals 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


Register of copyrights says "who knows?" on ownership of computer program copies
  • Proskauer Rose LLP
  • USA
  • August 5 2010

Who owns the firmware on a smartphone, the device manufacturer or the purchaser?