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Results: 1-10 of 59

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


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


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


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


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


Bankruptcy court approves destruction of personal information gathered on gay teen site
  • Proskauer Rose LLP
  • USA
  • September 30 2010

The judge presiding over the bankruptcy proceeding of the operator of a Web site and magazine aimed at gay teens has approved a settlement allowing the destruction of personal information of users rather than a sale to creditors as part of the bankruptcy estate


Riteaid pays $1 million fine to settle FTC and HHS data disposal charges
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Rite Aid has agreed to pay $1 million in fines to resolve allegations that it violated the Health Insurance Portability and Accountability Act by disposing of pharmaceutical bottles and prescription information into publicly accessible dumpsters near Rite Aid stores


EU privacy agency issues opinion on online behavioral advertising
  • Proskauer Rose LLP
  • European Union
  • July 29 2010

The European Union's Article 29 Data Protection Working Party has issued an opinion clarifying the applicability of the EU privacy framework to online behavioral advertising