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Results: 1-10 of 59

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


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


Access to licensed software by attorneys acting for benefit of licensee breached license agreement
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Use of licensed software by attorneys acting for the benefit of a licensee of the software breached the terms of the license agreement, the U.S. Court of Appeals for the Fifth Circuit ruled


Computer file extension functional, therefore not protectable as trademark
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled


U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act


Expectation of privacy in computer files negated by P2P user's failure to engage program privacy feature
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A federal agent's access to a user's computer via a peer-to-peer file-sharing program did not violate the Fourth Amendment, because the user's expectation of privacy in the contents of his computer was negated by his failure properly to engage the privacy features in the program, the U.S. Court of Appeals for the Ninth Circuit ruled


Rule of lenity limits criminal prosecution under Computer Fraud and Abuse Act for acts of employee disloyalty
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceeded authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled


Actual damages for copyright infringement of software code supported by monetary value of work by contributors to open source project
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A claim for actual damages for infringement of open source software code is not precluded because the code was distributed without charge, a district court ruled


Arizona State Bar ethics opinion approves electronic client file storage
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Arizona attorneys may provide online storage of client documents, provided that they take reasonable precautions to protect the security and confidentiality of those documents and periodically review the reasonableness of those precautions, the State Bar of Arizona stated in a Formal Opinion


Employee access to computer network in furtherance of criminal fraud “exceeds authorized access” under CFAA
  • Proskauer Rose LLP
  • USA
  • April 14 2010

An employee who accessed financial data on her employer's computer network in violation of official policy in order to perpetrate a criminal scheme exceeded her authorized access to the network within the meaning of the Computer Fraud and Abuse Act, the U.S. Court of Appeals for the Fifth Circuit ruled