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Results: 1-10 of 59

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


Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, 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


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


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


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


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


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